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]

Download as PDF 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). VerDate Sep<11>2014 17:39 Dec 13, 2023 Jkt 262001 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 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 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: E:\FR\FM\14DEN1.SGM 14DEN1 86678 Federal Register / Vol. 88, No. 239 / Thursday, December 14, 2023 / Notices lotter on DSK11XQN23PROD with NOTICES1 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, VerDate Sep<11>2014 17:39 Dec 13, 2023 Jkt 262001 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. PO 00000 State 2024 AEWRs Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\14DEN1.SGM 14DEN1 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 VerDate Sep<11>2014 17:39 Dec 13, 2023 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 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 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. E:\FR\FM\14DEN1.SGM 14DEN1

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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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:
---------------------------------------------------------------------------

    \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
------------------------------------------------------------------------
                      State 2024 AEWRs
------------------------------------------------------------------------
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
------------------------------------------------------------------------

    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

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