Overhaul: A Big Win for Farm Employers—Could H-2B Be Next?
H-2A Wage
Over the past year, farm employers who rely on seasonal visas have secured a string of regulatory wins—even as other immigration programs faced new fees, stricter rules, and broader enforcement. The biggest development: the Department of Labor (DOL) issued an interim final rule overhauling how prevailing wages are set for most H-2A workers.
What Changed
New wage data source. DOL replaced USDA’s Farm Labor Survey with the BLS Occupational Employment and Wage Statistics dataset. Because BLS covers a wider range of occupations, it’s expected to slow the growth of H-2A wage rates compared to the prior method.
Two-tier skill structure. The rule establishes separate levels for basic farm labor and for higher-skill/supervisory roles (e.g., specialized harvest work like apple color-picking and on-site supervisors).
Rollback of a contested requirement. A Louisiana court vacated a Biden-era policy that required paying the highest applicable wage when workers perform multiple roles, returning employers (temporarily) to simpler 2010 standards before the new methodology took effect.
Faster filings & targeted flexibilities. DHS moved to expedite H-2A petition processing, and H-2A saw exemptions from some visa interview requirements—accommodations not extended to many other categories.
Why It Matters
Cost predictability for growers. Employers argue the new method makes wages more competitive and stable, addressing a long-standing industry concern with AEWR volatility.
Labor supply & food security rationale. DOL cited good cause to issue the rule quickly, pointing to discontinued USDA data, ongoing enforcement pressures on unauthorized labor, and persistent shortages of U.S. workers, all of which risk disruptions to the food supply.
Worker advocates’ alarm. Farmworker groups warn the shift suppresses wages and may increase vulnerabilityfor guestworkers.
The Broader Pattern
While many immigration categories saw higher fees, stricter scrutiny, and uncertainty, H-2A has been a clear exception—with multiple actions aligned to ensure the availability and affordability of seasonal agricultural labor.
Open Question for Seasonal Employers: Could H-2B Be Next?
Given the policy tailwinds for H-2A—data methodology changes, processing flexibilities, and selective exemptions—will similar moves surface for H-2B (landscaping, hospitality, construction, seafood, etc.)?
Key areas to watch:
Prevailing wage methodology: Any reconsideration of how H-2B wages are set (e.g., occupation leveling, data sources, or role-mix pay rules).
Processing & timing relief: Further streamlining for cap-season filings, processing tweaks, or flexibilities.
Enforcement posture: Whether agencies pair compliance clarity with practical accommodations that keep seasonal operations running during peak loads.
Bottom Line
The H-2A wage overhaul may reshape labor costs and planning for farms this season. For non-ag seasonal employers, the natural question is whether H-2B sees analogous reforms—or whether H-2B continues to face lotteries, fee pressure, and uneven processing without offsetting relief.
If you’re in landscaping, hospitality, construction, seafood processing, or other H-2B-reliant sectors, now’s the time to audit your workforce plan, stress-test wage scenarios, and build a filing strategy that’s resilient under multiple policy outcomes.
I work with seasonal employers on H-2 programs and compliance. If you want a quick read on how these shifts could affect your 2025–2026 staffing and wage budgets, feel free to reach out.