Can the employer pay a wage lower than the AEWR?

The H-2A visa is a mechanism created to allow the temporary hiring of foreign agricultural workers in the United States, ensuring that labor rights are respected and that wages are compatible with local standards. One of the essential points of this process is the determination of the AEWR (Adverse Effect Wage Rate), which acts as a wage floor for workers hired under this visa.

According to the H-2A regulations, employers are required to pay workers a wage that is at least equal to the AEWR established by the U.S. Department of Labor. This means that employers are not allowed to offer a wage below this amount. The purpose of this requirement is to protect workers and avoid negative impacts on locally prevailing wages.

If an employer pays below this threshold, they are violating the rules established by the program, which may result in sanctions, fines, and exclusion from the program. It is essential that both employers and workers pay close attention to immigration laws and the specific regulations of the H-2A program.

In cases of doubt or when reviewing job offers, it is recommended to seek information from reliable sources and, if necessary, the support of professionals specialized in immigration who are always updated on current laws. This way, it is possible to avoid falling victim to scams or marketing campaigns that promise easy results but do not guarantee compliance with United States legislation.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.