New H-2A Rules Aim to Speed Up Hiring, Clarify Pay

Photo Credit: usdagov/Flickr/Creative Commons

NASHVILLE, TN – Farmers who rely on H-2A workers will see a few key changes this fall designed to speed up and make the process fairer. The H-2A program — which brings in seasonal farmworkers from other countries — is jointly managed by the State Department, Department of Homeland Security (DHS), and the Department of Labor (DOL). Each agency updated parts of the program in 2025.

The State Department will allow certain visa renewals without an interview starting October 1. Workers renewing within 12 months of their last visa, with clean records and no changes in eligibility, can skip the in-person step—saving both time and travel.

On wages, a court overturned DOL’s 2023 formula for the Adverse Effect Wage Rate (AEWR) — the hourly minimum farms must pay H-2A workers. DOL’s new rule, effective October 2, now bases pay on federal Occupational Employment and Wage Statistics (OEWS) data instead of the discontinued Farm Labor Survey. The rule also sets different pay rates for entry-level and experienced jobs. Farmers can submit comments on the change through December 1.

DHS also streamlined paperwork. Employers can now file visa petitions earlier, right after getting a “notice of acceptance” from DOL—rather than waiting for final certification. This allows agencies to process applications simultaneously, reducing delays.

Farm-Level Takeaway: Visa renewals and applications should move faster, but farms will need to adjust payroll budgets to new federal wage formulas that vary by skill level and job type.