On October 16, 2025, FEWA’s legal partner, Shawn Packer, discussed significant changes happening to H-2A rules that will impact your 2026 H-2A applications.
Not only did the Department of Labor rescind their “No Staggering Dates” policy on August 25, 2025, but they also recently issued an Interim Final Rule on October 3, 2025, to amend regulations governing the certification of H-2A workers, specifically the methodology for determining the Adverse Effect Wage Rate (AEWR) for non-range occupations.
In case you missed it, you can access the webinar recording on this page to see the live discussion with Mr. Packer, discussing the following issues:
- Consolidation of multiple contracts
- Removing the requirement for separate applications for workers arriving on different dates
- Using the Department’s Bureau of Labor Statistics (BLS) Occupational Employment and Wage Statistics (OEWS) as the sole source to establish AEWRs.
- Two Wage Level System
- Majority Duties Standards
- Housing Credit
You may also access this summary memo provided by JPH Law Firm.
Questions? Send them to info@fewaglobal.org