Effective immediately, the Department of Labor (DOL) has issued updated guidance impacting H-2A agricultural employers in Washington State. Following a modified court order in the Familias Unidas Por La Justicia case, all relevant employers hiring H-2A workers for specific crops or activities must now offer and pay the active prevailing piece rate wage for work performed in Washington.
This directive addresses prior H-2A job orders that listed only the Adverse Effect Wage Rate (AEWR) when applicable piece rates existed. Employers are required to disclose these prevailing piece rates to their employees and ensure all current and future H-2A job orders for 2025 comply with these new wage requirements.
Washington agricultural employers using H-2A visas must immediately review and revise their job orders to include these prevailing piece rates, ensuring full disclosure to employees. The DOL is committed to enforcing this compliance for the 2025 season.
Find the latest Washington state piece rate prevailing wage rates on the DOL’s website. For more details on the court order and compliance, refer to the Employment and Training Administration’s announcement from April 25, 2025. https://malesculaw.com/h-2a-visa-program-for-temporary-agricultural-workers/
Malescu Law can assist
Are you an agricultural employer seeking temporary foreign workers? The H-2A visa program provides a clear path to address labor needs when U.S. workers are unavailable.
The process includes a number of safeguards to ensure wages for US workers are not adversely impacted and foreign workers do not replace them.
Our experienced H-2A visa lawyers can guide you through the entire H-2A visa application process.
We serve companies and individuals across all 50 states, the District of Columbia and Puerto Rico.
Contact us or schedule a consultation.
Malescu Law P.A. – Business & Immigration Lawyers
