2026 年 9 月 2 日。OFLC 宣布更新非牧场职业 H-2A 不利影响工资率方法临时最终规则的实施；遵守地区法院命令

The Court concluded that the methodology established in the IFR is unlawful but did not vacate the IFR and left in place the AEWRs previously issued under the IFR.

The current AEWRs will remain in effect until the publication of new AEWRs.

The Court directed the Department to "promptly produce a new methodology for calculating" AEWRs and "to promptly publish new AEWRs under that methodology."

OFLC will notify the public when a new AEWR methodology is set and provide relevant transition procedures at that time.

The Department's compliance with the Order shall not be construed to waive its rights to seek further review of and relief from the Order.

To be clear, no employer is under an obligation at this time to pay any back wages.

Again, no such payment obligation exists at this time.

This announcement applies to (1) employers previously granted temporary labor certification where the certified end date of employment on the H-2A Application for Temporary Employment Certification remains valid as of the date of this announcement, including any approved extensions, (2) employers with pending H-2A Applications for Temporary Employment Certification , and (3) employers who file new H-2A Applications for Temporary Employment Certification after the date of this announcement until the OFLC Administrator publishes a new AEWR methodology.

may be required to make wage adjustment payments to qualifying H-2A workers and U.S. farmworkers in corresponding employment who worked during the backpay period, if those workers received an hourly wage below the new, applicable AEWRs generated under the new methodology.

The period potentially subject to such an adjustment would run from the issuance of this notice, September 2, 2026, and end when the Department issues new AEWRs under a new methodology.

the Department reminds employers to record the names, and permanent home addresses, Social Security Number (SSN) if they have been issued one, and, where available, the Form I-94 Arrival/Departure Record Number, permanent email address and phone number of all H-2A workers and U.S. workers in corresponding employment who may later be entitled to backpay and make reasonable efforts to ensure that such information for each worker remains current.

Employers who hired or otherwise utilized H-2A labor that was governed by AEWRs published under the IFR between the date [of this notification] and the date on which a new AEWR methodology is issued pursuant to this Order (the "backpay period") may be required to make wage adjustment payments

the Eastern District of California ordered the Department to provide notice that certain employers "may" be required to make back wage adjustment payments in the future. Again, no such payment obligation exists at this time.

The current AEWRs remain applicable at this time, and employers should continue to adhere to all applicable laws.

The Department will also continue to preserve and advance its position against the future imposition of any back wage-adjustment obligations on the regulated community as a result of this decision.