Amici Curia Brief Supporting New H-2A Program AEWR Methodology Submitted in Case Challenging It
Published Friday, February 13, 2026
In October, the U.S. Department of Labor issued its interim final rule that revised the methodology for calculating the Adverse Effect Wage Rate under the H-2A temporary agricultural worker visa program. The interim final rule provides H-2A employers with the possibility of significant AEWR relief. In November, United Farm Workers union, UFW Foundation and 18 farmworkers sued in the U.S. District Court for the Eastern District of California to enjoin the interim final rule.
On Feb. 5, California Farm Bureau and National Council of Agricultural Employers submitted to that court an amici curiae brief supporting the Labor Department’s new way of setting wage rates under the H-2A program. United Farm Workers et al. v. U.S. Department of Labor et al., U.S. District Court, Eastern District of California, Docket No. 1:25-cv-1614-KES-SKO.
Staff contact: Carl Borden, cborden@cfbf.com.
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