AEWR for 2026 is lower in most states, but far more complicated. New skill levels, state minimum wage floors, SOC code rules, and mid-season updates mean ag employers must monitor wages more closely than ever. Scroll for key takeaways, compliance risks, and practical guidance.

Seso hosted a special session on the new AEWR Methodology 2.0, featuring:

• Daniel Ross, Director of Visa Operations, Seso

• Chris Schulte, Partner, Fisher Phillips, H-2A legal authority

If you missed it, watch the full recording here.

With the old FLS survey gone and the new OEWS-based system in effect, this is the largest structural shift to H-2A wage rules in years. Below is the full breakdown — SEO-optimized for anyone searching for AEWR 2026, H-2A wage rates, and new AEWR rules.

What Is the New AEWR Methodology 2.0?

The new rule replaces the FLS survey with OEWS wage data, introduces Skill Level 1 and Skill Level 2, creates separate wage scales for H-2A vs U.S. workers, and requires employers to use whichever wage is highest — including state minimum wage and prevailing wage.

Key changes include:

• OEWS survey replaces FLS

• Two skill levels (0–2 months vs. 3+ months)

• ACA (Adverse Compensation Adjustment) applies to H-2A wages

• New SOC code guidance focused on “primary duties”

• State minimum wage may override the H-2A AEWR

• Prevailing wages can be published at any time, effective immediately

• A second AEWR update every July 1st

Key Takeaways for Ag Employers

1. The Highest Applicable Wage Applies — AEWR Is No Longer Always the Top Rate

Under the new rule, employers must pay the highest of:

• Federal minimum wage

• State minimum wage

• Prevailing wage

• Collective bargaining wage

• AEWR (Skill Level 1 or 2 with ACA)

If your state minimum wage exceeds the AEWR, that becomes the effective wage.
This is already happening in CA, WA, CO, AZ, and others.

2. Skill Level 1 vs. Skill Level 2 Will Determine Your Wage

DOL expects 92% of H-2A jobs to qualify as Skill Level 1:

• Skill Level 1 (0–2 months experience)

• Skill Level 2 (3+ months experience)

But several states initially misapplied this — labeling nearly everything as Level 2.

Recommendation:
If you’re incorrectly assigned Skill Level 2, push back and escalate to the certifying officer.

3. SOC Code Assignments Are More Reasonable Than in 2023

In 2023, mentioning driving of any kind could trigger a “chauffeur” SOC code and add $10+/hour.

That’s gone.

Under AEWR 2.0, DOL uses a primary duties test, meaning:
If driving is incidental to farmwork, you likely stay in the farmworker SOC code.

4. Prevailing Wages and State Minimum Wages May Change Mid-Season

Employers must now monitor:

• New prevailing wage surveys

• State minimum wage increases

• Mid-season AEWR updates (every July 1st)

States like Texas and Nevada have recently issued surprise prevailing wage notices.

5. AEWR Sets the Floor — Not the Ceiling

You can always pay more than the AEWR floor.

Strategies employers are now using:

• Keep paying 2024/2025 wages to maintain morale

• Tiered wage scales based on experience or certifications

• Discretionary bonuses

• Non-discretionary performance bonuses

Just remember:
Higher wages can also increase your ¾ guarantee obligations.

6. Worker Communication Matters More Than Ever

Workers will learn the new wage immediately (WhatsApp, social circles, job orders, etc.).

The best approach:

• Tell workers early

• Explain that these wages are set by federal regulation

• Reinforce continuity, stability, and trust

• Use wage ladders and bonuses to support retention

Avoid withholding or “hiding” wage information — it backfires.

7. Filing for 2026: What’s Changing (and What Isn’t)

The ETA-790 hasn’t been updated yet.

Per the IFR:

• Box 8B = Domestic Wage

• Box 8E + Addendum A = H-2A Wage

Emergency filings and staggered arrivals still work.
USCIS online filing is faster — but only if configured correctly (organization accounts work best).

Frequently Asked Questions

1. Will AEWR go down in 2026?

In most states, yes. The shift to OEWS wages results in lower base rates — but many employers will still hit higher wages via state minimums or prevailing wages.

2. What is the difference between Skill Level 1 and Skill Level 2?

Skill Level 1 = 0–2 months required experience
Skill Level 2 = 3+ months required experience
Most H-2A jobs should qualify as Level 1 under the IFR.

3. Can I still pay more than the AEWR?

Yes — the AEWR is the floor, not the ceiling. You can implement bonuses or tiered pay scales if structured correctly.

4. When do AEWR wages update?

AEWR now updates twice a year:

• January 1 (or at publication)

• July 1 (mid-season update)

5. Can prevailing wages override the AEWR?

Yes. Prevailing wages are “highest wage wins” and take priority if higher than AEWR or state minimum.

Watch the Full AEWR Webinar Recording

Watch here.

Want help preparing your H-2A filing strategy for 2026?

Seso processes millions in agricultural payroll each month and works directly with growers on wage compliance, filings, and worker communication.

sales@sesolabor.com