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You are receiving this bulletin as a subscriber to the Department of Labor Office of Foreign Labor Certification website. You can view the original announcements here: https://www.dol.gov/agencies/eta/foreign-labor. August 28, 2025. OFLC Announces Update to Implementation of the 2023 H-2A AEWR Final Rule; District Court’s Order Vacating the Final Rule On August 25, 2025, the U.S. District Court for the Western District of Louisiana issued an order in Teche Vermilion Sugar Cane Growers Association, Inc., et al. v. Lori Chavez-DeRemer, plaintiffs’ Motion for Entry of Final Judgment and vacating the 2023 H-2A AEWR 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) (“Final Rule”). As a result of the Final Rule being vacated, AEWR rates will be set according to the methodology set forth in the 2010 rule, Temporary Agricultural Employment of H-2A Aliens in the United States, 75 Fed. Reg. 6884 (Feb. 12, 2010). The Department is currently taking steps to implement the vacatur and will post additional announcements and/or publish Federal Register notices for all stakeholders, as necessary, to effect the implementation of the court order.
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