Employers using foreign workers under the H2A program are required to pay a wage at least equal to the Adverse Effect Wage Rate (AEWR). This wage rate is currently $13.03/hr in the state of Texas. The Texas AEWR will increase to $13.88/hr on December 29, 2021. All H2A employees must be paid a minimum wage equal to the AEWR. If you are an H-2A employer, all other employees working in the same job classification as your H-2A employees must also be paid this updated AEWR.
You may already have a signed contract with your H2A workers with the current, lower AEWR. The wage offered to H2A employees must be equal or exceed the hourly AEWR or Federal/State minimum wage, whichever is highest regardless of your contract. Therefore, your wage rate will need to increase with this Dec 29th AEWR change. This wage rate usually changes on an annual basis.
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