Labor Certification Process for the Temporary Employment of Foreign Workers in Agriculture in the United States: Adverse Effect Wage Rates for Non-Range Occupations in 2024, 86677-86679 [2023-27435]
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Federal Register / Vol. 88, No. 239 / Thursday, December 14, 2023 / Notices
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–699–702 and
731–TA–1659–1660 (Preliminary)]
Frozen Warmwater Shrimp From
Ecuador, India, Indonesia, and Vietnam
lotter on DSK11XQN23PROD with NOTICES1
Determinations
On the basis of the record 1 developed
in the subject investigations, the United
States International Trade Commission
(‘‘Commission’’) determines, pursuant
to the Tariff Act of 1930 (‘‘the Act’’),
that there is a reasonable indication that
an industry in the United States is
materially injured by reason of imports
of frozen warmwater shrimp from
Ecuador and Indonesia provided for in
subheadings 0306.17.00, 1605.21.10,
and 1605.29.10 of the Harmonized Tariff
Schedule of the United States, that are
alleged to be sold in the United States
at less than fair value (‘‘LTFV’’) and
imports of the subject merchandise from
Ecuador, India, Indonesia, and Vietnam
that are alleged to be subsidized by the
governments of Ecuador, India,
Indonesia, and Vietnam.2
Commencement of Final Phase
Investigations
Pursuant to section 207.18 of the
Commission’s rules, the Commission
also gives notice of the commencement
of the final phase of its investigations.
The Commission will issue a final phase
notice of scheduling, which will be
published in the Federal Register as
provided in § 207.21 of the
Commission’s rules, upon notice from
the U.S. Department of Commerce
(‘‘Commerce’’) of affirmative
preliminary determinations in the
investigations under §§ 703(b) or 733(b)
of the Act, or, if the preliminary
determinations are negative, upon
notice of affirmative final
determinations in those investigations
under §§ 705(a) or 735(a) of the Act.
Parties that filed entries of appearance
in the preliminary phase of the
investigations need not enter a separate
appearance for the final phase of the
investigations. Any other party may file
an entry of appearance for the final
phase of the investigations after
publication of the final phase notice of
scheduling. Industrial users, and, if the
merchandise under investigation is sold
at the retail level, representative
consumer organizations have the right
to appear as parties in Commission
1 The record is defined in § 207.2(f) of the
Commission’s Rules of Practice and Procedure (19
CFR 207.2(f)).
2 88 FR 81043 and 88 FR 81053 (November 21,
2023).
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antidumping and countervailing duty
investigations. The Secretary will
prepare a public service list containing
the names and addresses of all persons,
or their representatives, who are parties
to the investigations. As provided in
section 207.20 of the Commission’s
rules, the Director of the Office of
Investigations will circulate draft
questionnaires for the final phase of the
investigations to parties to the
investigations, placing copies on the
Commission’s Electronic Document
Information System (EDIS, https://
edis.usitc.gov), for comment.
Background
On October 25, 2023, the American
Shrimp Processors Association, Port
Arthur, Texas, filed petitions with the
Commission and Commerce, alleging
that an industry in the United States is
materially injured or threatened with
material injury by reason of subsidized
imports of frozen warmwater shrimp
from Ecuador, India, Indonesia, and
Vietnam and LTFV imports of frozen
warmwater shrimp from Ecuador and
Indonesia. Accordingly, effective
October 25, 2023, the Commission
instituted countervailing duty
investigation Nos. 701–TA–699–702 and
antidumping duty investigation Nos.
731–TA–1659–1660 (Preliminary).
Notice of the institution of the
Commission’s investigations and of a
public conference to be held in
connection therewith was given by
posting copies of the notice in the Office
of the Secretary, U.S. International
Trade Commission, Washington, DC,
and by publishing the notice in the
Federal Register of October 31, 2023 (88
FR 74511). The Commission conducted
its conference on November 15, 2023.
All persons who requested the
opportunity were permitted to
participate.
The Commission made these
determinations pursuant to §§ 703(a)
and 733(a) of the Act (19 U.S.C.
1671b(a) and 1673b(a)). It completed
and filed its determinations in these
investigations on December 11, 2023.
The views of the Commission are
contained in USITC Publication 5482
(December 2023), entitled Frozen
Warmwater Shrimp from Ecuador,
India, Indonesia, and Vietnam:
Investigation Nos. 701–TA–699–702 and
731–TA–1659–1660 (Preliminary).
By order of the Commission.
Issued: December 11, 2023.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2023–27480 Filed 12–13–23; 8:45 am]
BILLING CODE 7020–02–P
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86677
DEPARTMENT OF LABOR
Employment and Training
Administration
Labor Certification Process for the
Temporary Employment of Foreign
Workers in Agriculture in the United
States: Adverse Effect Wage Rates for
Non-Range Occupations in 2024
Employment and Training
Administration, Department of Labor.
ACTION: Notice.
AGENCY:
The Employment and
Training Administration of the
Department of Labor (DOL) is issuing
this notice to announce the 2024
Adverse Effect Wage Rates (AEWR) for
the employment of temporary or
seasonal nonimmigrant foreign workers
(H–2A workers) to perform agricultural
labor or services other than the herding
or production of livestock on the range.
AEWRs are the minimum wage rates the
DOL has determined must be offered,
advertised in recruitment, and paid by
employers to H–2A workers and
workers in corresponding employment
so that the wages and working
conditions of workers in the United
States (U.S.) similarly employed will
not be adversely affected. The AEWRs
established in this notice are applicable
to H–2A job opportunities that are both:
classified in one (or more) of the six
Standard Occupational Classification
(SOC) codes comprising the field and
livestock workers (combined) category,
and located in States or regions, or
equivalent districts or territories, in
which the United States Department of
Agriculture’s (USDA) Farm Labor
Report (better known as the Farm Labor
Survey, or FLS) reports wages. In this
notice, DOL also announces an update
to the average AEWR, which is used to
calculate adjustments to required bond
amounts for H–2A Labor Contractors.
DATES: These rates are effective January
1, 2024.
FOR FURTHER INFORMATION CONTACT:
Brian Pasternak, Administrator, Office
of Foreign Labor Certification,
Employment and Training
Administration, U.S. Department of
Labor, 200 Constitution Avenue NW,
Room N–5311, Washington, DC 20210,
telephone: (202) 693–8200 (this is not a
toll-free number). Individuals with
hearing or speech impairments may
access the telephone numbers above via
TTY/TDD by calling the toll-free Federal
Information Relay Service at 1 (877)
889–5627.
SUPPLEMENTARY INFORMATION: The U.S.
Citizenship and Immigration Services of
the Department of Homeland Security
SUMMARY:
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Federal Register / Vol. 88, No. 239 / Thursday, December 14, 2023 / Notices
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will not approve an employer’s petition
for the admission of H–2A
nonimmigrant temporary and seasonal
agricultural workers into the U.S. unless
the petitioner has received an H–2A
labor certification from DOL. The labor
certification provides that: (1) there are
not sufficient U.S. workers who are able,
willing, and qualified and who will be
available at the time and place needed
to perform the labor or services for
which the employer desires to hire
temporary foreign workers; and (2) the
employment of the foreign worker(s) in
such labor or services will not adversely
affect the wages and working conditions
of workers in the U.S. similarly
employed. See 8 U.S.C.
1101(a)(15)(H)(ii)(a), 1184(c)(1), and
1188(a); 8 CFR 214.2(h)(5); 20 CFR
655.100.
FLS-Based AEWR Updates
DOL’s H–2A regulations at 20 CFR
655.122(l) provide that employers must
pay their H–2A workers and workers in
corresponding employment at least the
highest of: (i) the AEWR; (ii) a
prevailing wage rate if the Office of
Foreign Labor Certification (OFLC)
Administrator has approved a prevailing
wage survey for the applicable crop or
agricultural activity and, if applicable, a
distinct work task or tasks performed in
that activity; (iii) the agreed-upon
collective bargaining wage rate; (iv) the
Federal minimum wage rate; or (v) the
State minimum wage rate, for every
hour or portion thereof worked during
a pay period. Further, when the AEWR
is adjusted during a work contract and
is higher than the highest of the
previous AEWR, a prevailing rate for the
crop or agricultural activity and, if
applicable, a distinct work task or tasks
performed in that activity and
geographic area, the agreed-upon
collective bargaining wage, the Federal
minimum wage rate, or the State
minimum wage rate, the employer must
pay at least that adjusted AEWR upon
the effective date of the new rate, as
provided in the applicable Federal
Register Notice. See 20 CFR
655.120(b)(3). When the AEWR is
adjusted during a work contract and is
lower than the wage rate that is
guaranteed on the job order, the
employer must continue to pay at least
the wage rate guaranteed on the job
order. See 20 CFR 655.120(b)(4).
On February 28, 2023, DOL published
a final rule, Adverse Effect Wage Rate
Methodology for the Temporary
Employment of H–2A Nonimmigrants in
Non-Range Occupations in the United
States, 88 FR 12760 (Feb. 28, 2023), to
establish a new methodology for setting
hourly AEWRs, effective March 30,
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2023. Pursuant to this new rule, while
most AEWRs will continue to be based,
as they have been since 1987, on the
USDA FLS, AEWRs based on DOL’s
Bureau of Labor Statistics (BLS)
Occupational Employment and Wage
Statistics (OEWS) survey will apply to
H–2A job opportunities that are: (1)
classified in SOC codes other than the
six SOC codes comprising the field and
livestock workers (combined) category,
and/or (2) located in States or regions,
or equivalent districts or territories, for
which the USDA FLS does not report a
wage.1
The new final rule requires the OFLC
Administrator to publish a Federal
Register Notice at least once in each
calendar year to establish each AEWR.
See 20 CFR 655.120(b)(2). The OFLC
Administrator provides this notice by
publishing two separate announcements
in the Federal Register, one to update
the non-range AEWRs based on the
wage data reported by the USDA’s FLS,
effective on or about January 1, and a
second to update the non-range AEWRs
based on data reported by the BLS
OEWS survey, effective on or about July
1.2
The 2024 AEWRs for all non-range
agricultural employment classified in
the field and livestock workers
(combined) category are the annual
average hourly gross wage rates for field
and livestock workers (combined) in the
State or region as published by the
USDA in the November 2023 FLS.3
Accordingly, the 2024 AEWRs to be
offered, advertised in recruitment, and
paid for agricultural work performed by
H–2A and workers in corresponding
employment on and after the effective
date of this notice are set forth in the
table below:
TABLE—2024 ADVERSE EFFECT WAGE
RATES
TABLE—2024 ADVERSE EFFECT WAGE
RATES—Continued
State 2024 AEWRs
Arkansas ...................................
California ...................................
Colorado ...................................
Connecticut ...............................
Delaware ...................................
Florida .......................................
Georgia .....................................
Hawaii .......................................
Idaho .........................................
Illinois ........................................
Indiana ......................................
Iowa ..........................................
Kansas ......................................
Kentucky ...................................
Louisiana ..................................
Maine ........................................
Maryland ...................................
Massachusetts ..........................
Michigan ...................................
Minnesota .................................
Mississippi ................................
Missouri ....................................
Montana ....................................
Nebraska ..................................
Nevada .....................................
New Hampshire ........................
New Jersey ...............................
New Mexico ..............................
New York ..................................
North Carolina ..........................
North Dakota ............................
Ohio ..........................................
Oklahoma .................................
Oregon ......................................
Pennsylvania ............................
Rhode Island ............................
South Carolina ..........................
South Dakota ............................
Tennessee ................................
Texas ........................................
Utah ..........................................
Vermont ....................................
Virginia ......................................
Washington ...............................
West Virginia ............................
Wisconsin .................................
Wyoming ...................................
14.53
19.75
16.63
17.80
17.20
14.77
14.68
18.74
16.54
18.18
18.18
17.79
18.32
15.14
14.53
17.80
17.20
17.80
18.50
18.50
14.53
17.79
16.54
18.32
16.63
17.80
17.20
16.32
17.80
15.81
18.32
18.18
15.55
19.25
17.20
17.80
14.68
18.32
15.14
15.55
16.63
17.80
15.81
19.25
15.14
18.50
16.54
The AEWRs set forth in the table
above are the AEWRs applicable to the
Alabama ....................................
$14.68 following SOC titles and codes:
Arizona ......................................
16.32 Farmworkers and Laborers, Crop,
Nursery, and Greenhouse (45–2092),
Farmworkers, Farm, Ranch, and
1 In the event an employer’s job opportunity
Aquacultural Animals (45–2093);
requires the performance of agricultural labor or
services that are not encompassed in a single SOC
Agricultural Equipment Operators (45–
code’s description and tasks, the applicable AEWR
2091); Packers and Packagers, Hand
will be the highest AEWR for all applicable SOCs.
(53–7064); Graders and Sorters,
See 20 CFR 655.120(b)(5).
2 See 88 FR at 12775; see also Labor Certification
Agricultural Products (45–2041); and
Process for the Temporary Employment of Foreign
All Other Agricultural Workers (45–
Workers in Agriculture in the United States:
2099). Accordingly, the simple average
Adverse Effect Wage Rate Updates for Non-Range
of these AEWRs constitutes the average
Occupations, 88 FR 39482 (Jun. 16, 2023).
AEWR, which is used to calculate the
3 See U.S. Dep’t of Agriculture, Nat’l Agricultural
bond amounts required for H–2A Labor
Statistics Service, Farm Labor: Annual Average
Gross Wage Rates by Type of Worker—Regions and
Contractors. See 20 CFR 655.103(b)
United States: 2022 and 2023 (Nov. 22, 2023), pp.
(definition of average AEWR),
25–26, available at https://downloads.usda.library.
cornell.edu/usda-esmis/files/x920fw89s/v405tw18s/ 655.132(c)(2)(ii) (use of average AEWR
in calculating bond requirements). The
dn39zk84n/fmla1123.pdf.
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State 2024 AEWRs
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Federal Register / Vol. 88, No. 239 / Thursday, December 14, 2023 / Notices
simple average is calculated by finding
the sum of the AEWRs listed in the table
above, then dividing by the total
number of AEWRs, which is currently
49 ($831.98/49 = $16.98). On and after
the effective date of this notice, the
average AEWR to be used to calculate
the bond amounts required under 20
CFR 655.132(c)(2) is $16.98.
Authority: 20 CFR 655.120(b)(2); 20
CFR 655.103(b).
Lenita Jacobs-Simmons,
Deputy Assistant Secretary for Employment
and Training, Labor.
[FR Doc. 2023–27435 Filed 12–13–23; 8:45 am]
BILLING CODE 4510–FP–P
DEPARTMENT OF LABOR
Employment and Training
Administration
Labor Certification Process for the
Temporary Employment of Foreign
Workers in Agriculture in the United
States: Adverse Effect Wage Rate for
Range Occupations in 2024
Employment and Training
Administration, Department of Labor.
ACTION: Notice.
AGENCY:
Adverse Effect Wage Rate for 2024
The Employment and
Training Administration of the
Department of Labor (DOL) is issuing
this notice to announce the 2024
Adverse Effect Wage Rate (AEWR) for
the employment of temporary or
seasonal nonimmigrant foreign workers
(H–2A workers) to perform herding or
production of livestock on the range.
AEWRs are the minimum wage rates
DOL has determined must be offered,
advertised in recruitment, and paid by
employers to H–2A workers and
workers in corresponding employment
so that the wages and working
conditions of workers in the United
States (U.S.) similarly employed will
not be adversely affected. In this notice,
DOL announces the annual update of
the AEWR for workers engaged in the
herding or production of livestock on
the range, as required by the
methodology previously established in
2015.
SUMMARY:
DATES:
The rate is effective January 1,
2024.
lotter on DSK11XQN23PROD with NOTICES1
FOR FURTHER INFORMATION CONTACT:
Brian Pasternak, Administrator, Office
of Foreign Labor Certification,
Employment and Training
Administration, Department of Labor,
N–5311, 200 Constitution Ave. NW,
Washington, DC 20210, Telephone:
(202) 693–8200 (this is not a toll-free
number). Individuals with hearing or
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Jkt 262001
speech impairments may access the
telephone number above via TTY by
calling the toll-free Federal Information
Relay Service at 1 (877) 889–5627 (TTY/
TDD).
SUPPLEMENTARY INFORMATION: The U.S.
Citizenship and Immigration Services of
the Department of Homeland Security
will not approve an employer’s petition
for the admission of H–2A
nonimmigrant temporary and seasonal
agricultural workers in the U.S. unless
the petitioner has received an H–2A
labor certification from DOL. The H–2A
labor certification provides that (1) there
are not sufficient U.S. workers who are
able, willing, and qualified and who
will be available at the time and place
needed to perform the labor or services
for which the employer desires to hire
temporary foreign workers; and (2) the
employment of the foreign worker(s) in
such labor or services will not adversely
affect the wages and working conditions
of workers in the U.S. similarly
employed. See 8 U.S.C.
1101(a)(15)(H)(ii)(a), 1184(c)(1), and
1188(a); 8 CFR 214.2(h)(5); 20 CFR
655.100.
DOL’s H–2A regulations covering the
herding or production of livestock on
the range, published in the Federal
Register as the Temporary Agricultural
Employment of H–2A Foreign Workers
in the Herding or Production of
Livestock on the Range in the United
States, 80 FR 62958 (Oct. 16, 2015), as
amended by Adjudication of Temporary
and Seasonal Need for Herding and
Production of Livestock on the Range
Applications Under the H–2A Program,
86 FR 71373 (Dec. 16, 2021), provide
that employers must offer, advertise in
recruitment, and pay each worker
employed under 20 CFR 655.200
through 655.235 a wage that is at least
the highest of (1) the monthly AEWR,
(2) the agreed-upon collective
bargaining wage, or (3) the applicable
minimum wage imposed by Federal or
State law or judicial action. See 20 CFR
655.210(g); 655.211(a)(1). Further, when
the monthly AEWR is adjusted during a
work contract and is higher than both
the agreed-upon collective bargaining
wage and the applicable minimum wage
imposed by Federal or State law or
judicial action in effect at the time the
work is performed, the employer must
pay that adjusted monthly AEWR upon
the effective date published by DOL in
the Federal Register. See 20 CFR
655.211(a)(2).
As provided in 20 CFR 655.211(c)(2),
the monthly AEWR for range
occupations in all States for a calendar
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86679
year is based on the monthly AEWR for
the previous calendar year ($1,901.21 in
2023), adjusted by the Employment Cost
Index (ECI) for wages and salaries
published by the Bureau of Labor
Statistics for the preceding October—
October period. The 12-month change in
the ECI for wages and salaries of private
industry workers between September
2022 and September 2023 was 4.5
percent, resulting in a monthly AEWR
for range occupations in calendar year
2024 of $1,986.76.1 The national
monthly AEWR rate for all range
occupations in the H–2A program in
2024 is calculated by multiplying the
monthly AEWR for calendar year 2023
by the October 2023 ECI adjustment
($1,901.21 × 1.045 = $1,986.76) or
$1,986.76. Accordingly, any employer
certified or seeking certification for
range workers must offer, advertise in
recruitment, and pay each worker a
wage that is at least the highest of the
monthly AEWR of $1,986.76, the
agreed-upon collective bargaining wage,
or the applicable minimum wage
imposed by Federal or State law or
judicial action at the time work is
performed on or after the effective date
of this notice.
Authority: 20 CFR 655.211(b).
Lenita Jacobs-Simmons,
Deputy Assistant Secretary for Employment
and Training, Labor.
[FR Doc. 2023–27434 Filed 12–13–23; 8:45 am]
BILLING CODE 4510–FP–P
DEPARTMENT OF LABOR
Agency Information Collection
Activities; Submission for OMB
Review; Comment Request; PreHearing Statement (LS–18)
Notice of availability; request
for comments.
ACTION:
The Department of Labor
(DOL) is submitting this Office of
Workers’ Compensation Programs
(OWCP)-sponsored information
collection request (ICR) to the Office of
Management and Budget (OMB) for
SUMMARY:
1 The regulation at 20 CFR 655.211(c)(2) states
that the monthly AEWR is calculated based on the
ECI for wages and salaries ‘‘for the preceding
October—October period.’’ This regulatory language
was intended to identify the Bureau of Labor
Statistics’ (BLS) October publication of ECI for
wages and salaries, which presents data for the
September-to-September period. Accordingly, the
most recent 12-month change in the ECI for private
sector workers published on October 31, 2023, by
BLS was used for establishing the monthly AEWR
under the regulations. See https://www.bls.gov/
news.release/archives/eci_10312023.pdf. The ECI
for private sector workers was used rather than the
ECI for all civilian workers given the characteristics
of the H–2A herder workforce.
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]]>Agencies
[Federal Register Volume 88, Number 239 (Thursday, December 14, 2023)]
[Notices]
[Pages 86677-86679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27435]
=======================================================================
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DEPARTMENT OF LABOR
Employment and Training Administration
Labor Certification Process for the Temporary Employment of
Foreign Workers in Agriculture in the United States: Adverse Effect
Wage Rates for Non-Range Occupations in 2024
AGENCY: Employment and Training Administration, Department of Labor.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Employment and Training Administration of the Department
of Labor (DOL) is issuing this notice to announce the 2024 Adverse
Effect Wage Rates (AEWR) for the employment of temporary or seasonal
nonimmigrant foreign workers (H-2A workers) to perform agricultural
labor or services other than the herding or production of livestock on
the range. AEWRs are the minimum wage rates the DOL has determined must
be offered, advertised in recruitment, and paid by employers to H-2A
workers and workers in corresponding employment so that the wages and
working conditions of workers in the United States (U.S.) similarly
employed will not be adversely affected. The AEWRs established in this
notice are applicable to H-2A job opportunities that are both:
classified in one (or more) of the six Standard Occupational
Classification (SOC) codes comprising the field and livestock workers
(combined) category, and located in States or regions, or equivalent
districts or territories, in which the United States Department of
Agriculture's (USDA) Farm Labor Report (better known as the Farm Labor
Survey, or FLS) reports wages. In this notice, DOL also announces an
update to the average AEWR, which is used to calculate adjustments to
required bond amounts for H-2A Labor Contractors.
DATES: These rates are effective January 1, 2024.
FOR FURTHER INFORMATION CONTACT: Brian Pasternak, Administrator, Office
of Foreign Labor Certification, Employment and Training Administration,
U.S. Department of Labor, 200 Constitution Avenue NW, Room N-5311,
Washington, DC 20210, telephone: (202) 693-8200 (this is not a toll-
free number). Individuals with hearing or speech impairments may access
the telephone numbers above via TTY/TDD by calling the toll-free
Federal Information Relay Service at 1 (877) 889-5627.
SUPPLEMENTARY INFORMATION: The U.S. Citizenship and Immigration
Services of the Department of Homeland Security
[[Page 86678]]
will not approve an employer's petition for the admission of H-2A
nonimmigrant temporary and seasonal agricultural workers into the U.S.
unless the petitioner has received an H-2A labor certification from
DOL. The labor certification provides that: (1) there are not
sufficient U.S. workers who are able, willing, and qualified and who
will be available at the time and place needed to perform the labor or
services for which the employer desires to hire temporary foreign
workers; and (2) the employment of the foreign worker(s) in such labor
or services will not adversely affect the wages and working conditions
of workers in the U.S. similarly employed. See 8 U.S.C.
1101(a)(15)(H)(ii)(a), 1184(c)(1), and 1188(a); 8 CFR 214.2(h)(5); 20
CFR 655.100.
FLS-Based AEWR Updates
DOL's H-2A regulations at 20 CFR 655.122(l) provide that employers
must pay their H-2A workers and workers in corresponding employment at
least the highest of: (i) the AEWR; (ii) a prevailing wage rate if the
Office of Foreign Labor Certification (OFLC) Administrator has approved
a prevailing wage survey for the applicable crop or agricultural
activity and, if applicable, a distinct work task or tasks performed in
that activity; (iii) the agreed-upon collective bargaining wage rate;
(iv) the Federal minimum wage rate; or (v) the State minimum wage rate,
for every hour or portion thereof worked during a pay period. Further,
when the AEWR is adjusted during a work contract and is higher than the
highest of the previous AEWR, a prevailing rate for the crop or
agricultural activity and, if applicable, a distinct work task or tasks
performed in that activity and geographic area, the agreed-upon
collective bargaining wage, the Federal minimum wage rate, or the State
minimum wage rate, the employer must pay at least that adjusted AEWR
upon the effective date of the new rate, as provided in the applicable
Federal Register Notice. See 20 CFR 655.120(b)(3). When the AEWR is
adjusted during a work contract and is lower than the wage rate that is
guaranteed on the job order, the employer must continue to pay at least
the wage rate guaranteed on the job order. See 20 CFR 655.120(b)(4).
On February 28, 2023, DOL published a final rule, Adverse Effect
Wage Rate Methodology for the Temporary Employment of H-2A
Nonimmigrants in Non-Range Occupations in the United States, 88 FR
12760 (Feb. 28, 2023), to establish a new methodology for setting
hourly AEWRs, effective March 30, 2023. Pursuant to this new rule,
while most AEWRs will continue to be based, as they have been since
1987, on the USDA FLS, AEWRs based on DOL's Bureau of Labor Statistics
(BLS) Occupational Employment and Wage Statistics (OEWS) survey will
apply to H-2A job opportunities that are: (1) classified in SOC codes
other than the six SOC codes comprising the field and livestock workers
(combined) category, and/or (2) located in States or regions, or
equivalent districts or territories, for which the USDA FLS does not
report a wage.\1\
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\1\ In the event an employer's job opportunity requires the
performance of agricultural labor or services that are not
encompassed in a single SOC code's description and tasks, the
applicable AEWR will be the highest AEWR for all applicable SOCs.
See 20 CFR 655.120(b)(5).
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The new final rule requires the OFLC Administrator to publish a
Federal Register Notice at least once in each calendar year to
establish each AEWR. See 20 CFR 655.120(b)(2). The OFLC Administrator
provides this notice by publishing two separate announcements in the
Federal Register, one to update the non-range AEWRs based on the wage
data reported by the USDA's FLS, effective on or about January 1, and a
second to update the non-range AEWRs based on data reported by the BLS
OEWS survey, effective on or about July 1.\2\
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\2\ See 88 FR at 12775; see also Labor Certification Process for
the Temporary Employment of Foreign Workers in Agriculture in the
United States: Adverse Effect Wage Rate Updates for Non-Range
Occupations, 88 FR 39482 (Jun. 16, 2023).
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The 2024 AEWRs for all non-range agricultural employment classified
in the field and livestock workers (combined) category are the annual
average hourly gross wage rates for field and livestock workers
(combined) in the State or region as published by the USDA in the
November 2023 FLS.\3\ Accordingly, the 2024 AEWRs to be offered,
advertised in recruitment, and paid for agricultural work performed by
H-2A and workers in corresponding employment on and after the effective
date of this notice are set forth in the table below:
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\3\ See U.S. Dep't of Agriculture, Nat'l Agricultural Statistics
Service, Farm Labor: Annual Average Gross Wage Rates by Type of
Worker--Regions and United States: 2022 and 2023 (Nov. 22, 2023),
pp. 25-26, available at https://downloads.usda.library.cornell.edu/usda-esmis/files/x920fw89s/v405tw18s/dn39zk84n/fmla1123.pdf.
Table--2024 Adverse Effect Wage Rates
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State 2024 AEWRs
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Alabama.................................................... $14.68
Arizona.................................................... 16.32
Arkansas................................................... 14.53
California................................................. 19.75
Colorado................................................... 16.63
Connecticut................................................ 17.80
Delaware................................................... 17.20
Florida.................................................... 14.77
Georgia.................................................... 14.68
Hawaii..................................................... 18.74
Idaho...................................................... 16.54
Illinois................................................... 18.18
Indiana.................................................... 18.18
Iowa....................................................... 17.79
Kansas..................................................... 18.32
Kentucky................................................... 15.14
Louisiana.................................................. 14.53
Maine...................................................... 17.80
Maryland................................................... 17.20
Massachusetts.............................................. 17.80
Michigan................................................... 18.50
Minnesota.................................................. 18.50
Mississippi................................................ 14.53
Missouri................................................... 17.79
Montana.................................................... 16.54
Nebraska................................................... 18.32
Nevada..................................................... 16.63
New Hampshire.............................................. 17.80
New Jersey................................................. 17.20
New Mexico................................................. 16.32
New York................................................... 17.80
North Carolina............................................. 15.81
North Dakota............................................... 18.32
Ohio....................................................... 18.18
Oklahoma................................................... 15.55
Oregon..................................................... 19.25
Pennsylvania............................................... 17.20
Rhode Island............................................... 17.80
South Carolina............................................. 14.68
South Dakota............................................... 18.32
Tennessee.................................................. 15.14
Texas...................................................... 15.55
Utah....................................................... 16.63
Vermont.................................................... 17.80
Virginia................................................... 15.81
Washington................................................. 19.25
West Virginia.............................................. 15.14
Wisconsin.................................................. 18.50
Wyoming.................................................... 16.54
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The AEWRs set forth in the table above are the AEWRs applicable to
the following SOC titles and codes: Farmworkers and Laborers, Crop,
Nursery, and Greenhouse (45-2092), Farmworkers, Farm, Ranch, and
Aquacultural Animals (45-2093); Agricultural Equipment Operators (45-
2091); Packers and Packagers, Hand (53-7064); Graders and Sorters,
Agricultural Products (45-2041); and All Other Agricultural Workers
(45-2099). Accordingly, the simple average of these AEWRs constitutes
the average AEWR, which is used to calculate the bond amounts required
for H-2A Labor Contractors. See 20 CFR 655.103(b) (definition of
average AEWR), 655.132(c)(2)(ii) (use of average AEWR in calculating
bond requirements). The
[[Page 86679]]
simple average is calculated by finding the sum of the AEWRs listed in
the table above, then dividing by the total number of AEWRs, which is
currently 49 ($831.98/49 = $16.98). On and after the effective date of
this notice, the average AEWR to be used to calculate the bond amounts
required under 20 CFR 655.132(c)(2) is $16.98.
Authority: 20 CFR 655.120(b)(2); 20 CFR 655.103(b).
Lenita Jacobs-Simmons,
Deputy Assistant Secretary for Employment and Training, Labor.
[FR Doc. 2023-27435 Filed 12-13-23; 8:45 am]
BILLING CODE 4510-FP-P
