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Since October 2, H-2A workers have been facing one of the most severe wage cuts in recent years. The Trump administration announced regulatory changes that drastically reduce wages, shift housing costs onto workers, and put the economic stability of hundreds of thousands of families at risk.

Migrant and immigrant farmworkers are essential to the U.S. economy and food system. Yet these new rules expose them to greater exploitation and strip away key labor protections.

What Changed?

A new methodology for calculating the Adverse Effect Wage Rate (AEWR)—the wage standard that applies to H-2A workers and is usually higher than state minimum wages—will lower hourly pay for H-2A workers in several states.

Under these changes:

• Employers will be allowed to reduce the AEWR to offset the cost of providing housing.

• This means many H-2A workers will see a direct reduction in their hourly wages.

Important: H-2A workers (and corresponding workers) still have the legal right to be paid the highest of:

• The AEWR

• The state or local minimum wage

• The federal minimum wage

• Any higher wage promised in their work contract

For example, even if the AEWR drops below the state minimum wage, you are still entitled to receive at least the state minimum wage. In California, that means at least $16.50 per hour; in New York, $15.50 per hour; and in some states like Washington, you may be entitled to an even higher local minimum wage.

If you are unsure how much you should be earning per hour, contact CDM for guidance.

In its announcement, the Department of Labor included examples of hourly wage changes in different states, illustrating how significant these reductions can be:

How Does This Rule Affect You?

• Lower income:
  Wage cuts make it harder to cover basic needs, send money home, and support your family.

• Increased exploitation:
  Lowering wages for H-2A workers puts downward pressure on wages across the entire agricultural industry, creating conditions that enable labor abuses.

• Higher risk of human trafficking:
  These changes may pressure workers to stay in abusive jobs, especially those who arrived with illegal recruitment debts or who had to pay their own transportation costs to the U.S.

NOTE: These changes apply only to workers hired after October 2, 2025.

Your Rights Still Matter and How to Defend Them

Despite these changes, H-2A workers continue to have important rights, including:

• The right to the highest applicable wage:
  You must be paid the highest of the AEWR, state or local minimum wage, federal minimum wage, or the wage promised in your contract.

• The right to report abuse without retaliation:
  You can report exploitation and labor violations without fear of losing your visa or your job because of reporting.

• The right to a contract you can understand:
  Before applying for your visa, your employer must give you a copy of your work contract in a language you understand. The contract must explain job conditions, guarantees, and any deductions from your pay.

• More time to find a new job:
  If your employment ends before your contract expires, you have up to 60 days to remain in the U.S. and apply for another H-2 job. This grace period gives you time and security, but we strongly recommend speaking with an attorney before using it.

• Greater ability to change employers when abuse occurs:
  If you experience labor abuses such as unpaid wages or unsafe working conditions, you can change employers more easily. You no longer have to wait for a new petition to be approved before starting work.

What Can You Do?

• Learn your rights:
  Contact organizations like the Centro de los Derechos del Migrante (CDM). If you have questions or concerns about how these changes affect you, call:

  • +1 (667) 217-5738 (from the U.S.)

  • +52 (55) 9661-6771 (from Mexico)

• Document everything:
  Keep copies of contracts, pay stubs, receipts, messages, and any evidence of abuse.

• Reach out to worker-support organizations:
  They can help you report violations and guide you through legal options.

• Organize with your coworkers:
  Sharing information and supporting one another strengthens collective protection and reduces the risk of retaliation.

Share this information with your coworkers, family members, and community. Knowledge is power, and collective action protects us all.