Effective Dec. 22,
2015, Ohio’s AEWRS raised to $12.07.
Department of Labor has published a notice in the Federal Register announcing
new Adverse Effect Wage Rates (AEWRs) for each state, based on the Farm Labor
Survey conducted by the U.S. Department of Agriculture. The AEWRs are the
minimum hourly wage rates the Department has determined must be offered and
paid by employers to H-2A workers and workers in corresponding employment for a
particular agricultural job and area, so that the wages of similarly employed
U.S. workers will not be adversely affected.
All employers in the H-2A program are
required to offer, recruit at and pay the highest applicable wage rate. An H-2A
employer who has filed an application under the 2010 Final Rule will be
required to adjust to a higher wage at any time between the date on which it
submits its job order to the SWA and/or signs a work contract (whichever is
earlier) until the end of the contract period. This applies only to
applications filed under the 2010 Final Rule. Employers who filed applications
under the 2008 Final Rule will continue to apply that rule's wage rates and
principles (i.e. must pay the wage rate at the time of recruitment). If the
Department publishes a new AEWR and the new AEWR is higher than the approved
wage rate listed on the employer's job order and/or work contract, the employer
will be required to adjust the offered wage to the higher AEWR. Similarly, if
an applicable prevailing wage is increased during the contract period and the
Department notifies employers of the increase, all employers whose approved
wage rate (listed on the job order and/or work contract) is lower than the new
prevailing wage will be required to adjust to the higher prevailing wage rate.
The Department's notification will state the effective date of the wage
increase upon which all affected employers will be required to adjust to the
time the new AEWRs are announced, they are immediately effective and apply at
the time work is performed. The Federal Register Notice explicitly
states this, which is taken directly from the regulation. So, if an employer with a certified H-2A
application PRIOR to this announcement still has workers performing work under
the certified H-2A application/job order, then the workers must be paid the NEW
AEWR at time work is performed.
For details on H-2B program changes, go to USDOL announcements.
Our goal is to match U.S. workers with employers' recruitment needs. When workers are not able, willing, qualified, or available to fill these openings, the Foreign Labor Certification (FLC) program can be used to help the employer find qualified workers.
H-2A Temporary Agricultural
Complete Form ETA 790 Agricultural and Food Processing Clearance Order and email it to us at email@example.com.
Additional Foreign Labor Certification Forms are found here.
Please be sure that:
Rental Housing - You must provide an attestation statement for housing in Item 28 (identified as Item 3 information) of the ETA 790. If you are uncertain of what to put in the statement, email us requesting sample wording. To ensure that the housing meets OSHA standards, you may email us to request a copy of the checklist.
Employer-owned Housing - You must send us an email requesting a housing inspection for the housing identified in Item 3 of the ETA 790.
Hotel/Motel - You must provide a statement on the hotel/motel letterhead providing:
- the number of rooms you are renting; and,
- the dates the rooms will be rented; and,
- the number of beds in each room; and,
- whether the rooms provide full cooking and food storage facilities; or,
- menus from the restaurants in the hotel/motel area
H-2B Temporary Non-Agricultural
Post Your Job Order
For more information on this and other programs, processing, oversight, and funding, please visit the U.S. Department of Labor Employment and Training Administration.
For more information:
Ohio Foreign Labor Certification Program
Office of Workforce Development
P.O. Box 1618
Columbus, OH 43216-1618
Last Updated: 08/11/2016