How 2026 Changes Will Affect H-2A Employers

There have been significant changes to the H-2A rules that will impact your 2026 H-2A application. Join FEWA Legal Partner, Shawn Packer for a live discussion and Q & A on how these changes could affect you as an H-2A employer.

REGISTER NOW to join us on Thursday, October 16 at 1:30pm Central Time. 

The Department of Labor has rescinded their “No Staggering Dates” policy, effective and published in the Federal Register on August 25, 2025. This will allow employers to bring in H-2A workers at various stages of the season.

• Removes requirement for separate applications for workers arriving on different dates.
• Aligns with seasonal needs of crop and labor.
• Consolidation of multiple contracts

On October 3, 2025, The Department of Labor also issued an Interim Final Rule to amend its regulations governing the certification of H-2A workers, specifically the methodology for determining the hourly Adverse Effect Wage Rates (AEWR) for non-range occupations.

• Department’s Bureau of Labor Statistics (BLS) Occupational Employment and Wage Statistics (OEWS) is the sole source to establish AEWRs.
• Two Wage Level System
• Majority Duties standard
• Housing Credit

Once registered you will receive your login details for the teams meeting.