Measuring Wages in the Agricultural Sector for the H-2A Visa Program

Measuring Wages in the Agricultural Sector for the H-2A Visa Program

Measuring Wages in the Agricultural Sector for March 5, 2024
the H-2A Visa Program
Elizabeth Weber
The H-2A visa program allows for the temporary admission of foreign workers to the United
Handwerker
States to perform agricultural labor or services of a seasonal or temporary nature. Before foreign
Analyst in Labor Policy
workers can be issued H-2A visas, federal law requires that their prospective employers receive

certification from the U.S. Department of Labor (DOL) that such employment of foreign workers
will not adversely affect the wages of similar workers in the United States. The number of

employer requests for H-2A visas to employ foreign agricultural workers has been increasing in
recent years while the wages that agricultural employers are required to pay these temporary foreign workers have also been
increasing. This has meant higher labor costs for agricultural producers, which has attracted congressional attention. Rising
food prices have also meant particular congressional concern about rising costs for agricultural producers.
Current regulations require that employers of workers on H-2A visas offer, advertise, and pay workers a wage that is at least
the highest of five wage rates. The highest of these rates is usually the Adverse Effect Wage Rate (AEWR). This report
discusses how data from the Farm Labor Survey (FLS) and the Occupational Employment and Wage Statistics (OEWS) are
used to calculate the AEWR, the role of the AEWR in labor certification for the H-2A visa program, how the methodology
for calculating the AEWR has changed over time, and congressional interest in the AEWR. Some congressional proposals
regarding changes in labor certification have involved changing which data are used in calculating the AEWR. This report
seeks to assist congressional debate on this issue by providing descriptions of the various available data, and discussion of the
strengths and weaknesses of each one in measuring agricultural wages. The report describes both the data currently used in
labor certification for the H-2A visa program and other sources of wage data in the agricultural sector that are not currently
used in labor certification.
Since March 2023, the AEWRs for farm managers and for first-line supervisors of agricultural workers have been set at
different rates than the AEWRs for most other agricultural occupations in the same geographic areas. However, the data
currently used to calculate the AEWR for farm managers and first-line supervisors of agricultural workers come from the
OEWS, which is a survey of non-farm employers. Non-farm businesses employ few farm managers or first-line supervisors
of agricultural workers. The President’s budget request for FY2024 includes $1,137,000 to add data collection from farm
employers to the OEWS.
This report compares the agricultural wage data currently used in calculating the AEWR with the wage data available from
the Agricultural Resources Management Survey (ARMS), the Census of Agriculture (COA), the American Community
Survey (ACS), the Current Population Survey (CPS), the Quarterly Census of Employment and Wages (QCEW), the
National Economic Accounts, and the National Agricultural Workers Survey (NAWS). All of these sources of agricultural
wage data show that wages in the agricultural sector have been increasing more rapidly than private-sector wages and salaries
in the United States as a whole, as measured by the Employment Cost Index (ECI).
Congressional Research Service

link to page 5 link to page 5 link to page 6 link to page 6 link to page 7 link to page 7 link to page 8 link to page 8 link to page 9 link to page 10 link to page 10 link to page 10 link to page 11 link to page 11 link to page 11 link to page 12 link to page 14 link to page 14 link to page 14 link to page 15 link to page 15 link to page 15 link to page 17 link to page 18 link to page 18 link to page 19 link to page 20 link to page 21 link to page 22 link to page 23 link to page 24 link to page 25 link to page 7 link to page 8 link to page 12 link to page 16 link to page 19 link to page 21 link to page 22 link to page 23 link to page 25 Measuring Wages in the Agricultural Sector for the H-2A Visa Program

Contents
Introduction ..................................................................................................................................... 1
Labor Certification for the H-2A Visa Program .............................................................................. 1
The H-2A Visa Program ............................................................................................................ 2
Labor Certification and Its Wage Components ......................................................................... 2
Recent Changes in AEWR Methodologies for H-2A Visas ...................................................... 3
Open Range Herders: 2018 Rule Change ........................................................................... 3
Other Occupations without State or Territory-Specific Wage Estimates in the
FLS: March 2023 Rule Changes ...................................................................................... 4
Congressional Interest in AEWR Methodology Changes ......................................................... 5
Data Sources Currently Used in Labor Certification for H-2A Visas.............................................. 6
The Farm Labor Survey ............................................................................................................ 6
FLS Coverage ..................................................................................................................... 6
FLS Caveats ........................................................................................................................ 7
Role of the FLS in the AEWR ............................................................................................ 7
Wage Trends in the FLS ...................................................................................................... 7
Recent Expansions and Suspensions of the FLS ................................................................ 8
The Occupational Employment and Wage Statistics ............................................................... 10
OEWS Coverage ............................................................................................................... 10
Recent and Proposed Expansions and Contractions of the OEWS ................................... 10
Role of the OEWS in the AEWR ....................................................................................... 11
OEWS Caveats .................................................................................................................. 11
Wage Trends in the OEWS ................................................................................................ 11
Local Agricultural Prevailing Wage Surveys .......................................................................... 13
Additional Sources of Agricultural Sector Wage Data .................................................................. 14
Agricultural Resources Management Survey (ARMS) ........................................................... 14
Census of Agriculture (COA) .................................................................................................. 15
The American Community Survey (ACS) .............................................................................. 16
The Current Population Survey (CPS) .................................................................................... 17
The Quarterly Census of Employment and Wages (QCEW) .................................................. 18
The National Economic Accounts ........................................................................................... 19
The National Agricultural Workers Survey (NAWS) .............................................................. 20
Conclusion ..................................................................................................................................... 21

Figures
Figure 1. Wages Used in Labor Certification for H-2A Visas ......................................................... 3
Figure 2. AEWR (monthly) for Herding Occupations, 2018-2024 ................................................. 4
Figure 3. Wages in the FLS for Field and Livestock Workers, Combined, 1986-2023 ................... 8
Figure 4. Wages in the OEWS for Selected Occupations, 1999-2022 .......................................... 12
Figure 5. Labor Expenses per Farm in the ARMS, 1996-2022 ..................................................... 15
Figure 6. Annual Earnings of Workers in Selected Occupations in the ACS, 2010-2022 ............. 17
Figure 7. Usual Weekly Earnings for Selected Occupations in the CPS, 2000-2023 .................... 18
Figure 8. Weekly Wage for Selected Industries in the QCEW, 2001(Q1)–2023(Q2) ................... 19
Figure 9. Hourly Earnings of Farmworkers in the NAWS, 1989-2020 ......................................... 21
Congressional Research Service

link to page 11 link to page 18 link to page 26 link to page 29 Measuring Wages in the Agricultural Sector for the H-2A Visa Program

Tables
Table 1. FLS Field and Livestock Workers (Combined) Occupations ............................................ 7
Table 2. Active Prevailing Wages in the OFLC Agricultural Online Wage Library ...................... 14
Table 3. Comparison of Selected Sources of Agricultural Wage Data .......................................... 22

Contacts
Author Information ........................................................................................................................ 25

Congressional Research Service

link to page 6 link to page 6 link to page 26 Measuring Wages in the Agricultural Sector for the H-2A Visa Program

Introduction
The H-2A visa program allows for the temporary admission into the United States of non-
immigrant1 foreign workers for the purpose of performing agricultural labor or services of a
seasonal or temporary nature.2 Before foreign workers can be issued such visas, federal law
requires their potential employers to apply for certification from the U.S. Department of Labor
(DOL) that (1) there are not sufficient domestic workers able, willing, qualified, and available at
the time and place needed to perform the labor or services involved in the petition and (2) the
employment of foreign workers will not adversely affect the wages of similarly employed
workers in the United States. Labor certification for the H-2A visa program currently relies on
multiple sources of agricultural wage data.
Current regulations require that employers of workers on H-2A visas offer, advertise, and pay
workers a wage that is at least the highest of five wage rates (see the “Labor Certification and Its
Wage Components” section). The highest of these rates is usually the Adverse Effect Wage Rate
(AEWR). In recent years, there has been extensive discussion in Congress around the data
sources and methodology used by DOL to calculate the AEWR. Some Members have voiced
concerns about repeated increases in the AEWR that outpace the rate of inflation, increasing labor
costs for agricultural producers
This report describes H-2A labor certification wage requirements and the current data and
methodology used by DOL to calculate the AEWR and other wage rates. To assist congressional
debate over current AEWR data sources and potential alternatives, the report describes multiple
sources of earnings data on the U.S. agricultural workforce. It discusses key features of each
source (e.g., wage information collected, coverage, level of occupational and geographic detail
available, geographic coverage) and its potential to support consideration of possible wage
impacts of H-2A workers. Growth in agricultural wage rates measured by each source is
compared with wage and salary growth in the Employment Cost Index (ECI) for all private-sector
workers in the United States, which is a measure of overall changes in wages and salaries across
all employers in the country over time.3 The report concludes with a summary table (Table 3)
comparing selected elements of agricultural wage data.
Labor Certification for the H-2A Visa Program
This section provides an overview of the H-2A visa program, labor certification for this program,
recent changes in labor certification for the program, and congressional interest in labor
certification for the H-2A visa program.

1 A nonimmigrant is a foreign national who is admitted for a designated period of time and specific purpose. There are
24 major nonimmigrant visa categories, which are commonly referred to by the letter and numeral that denote their
subsection in the Immigration and Nationality Act (INA; Title 8 of the U.S. Code).
2 This program is described in more detail in CRS Report R44849, H-2A and H-2B Temporary Worker Visas: Policy
and Related Issues, by Andorra Bruno.
3 John W. Ruser, “The Employment Cost Index: what is it?” Monthly Labor Review, September 2001, pp. 3-16,
https://www.bls.gov/opub/mlr/2001/09/art1full.pdf. The ECI is use by DOL in the AEWR calculation for H-2A
workers in certain occupations that involve the herding or production of livestock on the range. DOL, Employment and
Training Administration (ETA), “Temporary Agricultural Employment of H-2A Foreign Workers in the Herding or
Production of Livestock on the Range in the United States,” 80 Federal Register 62957-63070, October 16, 2015,
https://www.govinfo.gov/content/pkg/FR-2015-10-16/pdf/2015-26252.pdf.
Congressional Research Service

1

link to page 7 Measuring Wages in the Agricultural Sector for the H-2A Visa Program

The H-2A Visa Program
The Immigration and Nationality Act (INA) of 1952 authorized an H-2 nonimmigrant visa
category for foreign workers coming to the United States to perform temporary services or labor
not requiring distinguished merit or ability. This visa category was subdivided by the 1986
Immigration Reform and Control Act (IRCA, P.L. 99-603) into the current H-2A seasonal
agricultural worker and the H-2B seasonal nonagricultural worker programs.4 Employers who
want to hire workers through the H-2A program must first apply for labor certification to the
Office of Foreign Labor Certification (OFLC) within DOL’s Employment and Training
Administration (ETA). After receiving this certification, a prospective H-2A employer can submit
a petition to the Department of Homeland Security’s (DHS’s) U.S. Citizenship and Immigration
Services to sponsor foreign workers. If the petition is approved, foreign workers abroad may
apply at a U.S. consulate for an H-2A nonimmigrant visa from the Department of State, allowing
them to seek admission to the United States to commence employment.
Labor Certification and Its Wage Components
The labor certification provisions of the INA require employers to demonstrate that there are
insufficient U.S. workers able, willing, qualified, and available to perform the work and that the
employment of foreign nationals “will not adversely affect the wages and working conditions of
workers in the United States similarly employed.”5 This involves both working with a State
Workforce Agency (SWA)6 to recruit domestic workers and filing an agricultural job order and H-
2A application for temporary employment certification with OFLC.7
As shown in Figure 1, current H-2A regulations8 require employers to offer, advertise in
recruitment, and pay wages equal or greater than the highest of
1. the AEWR9;
2. the state prevailing wage rate based on agricultural wage surveys and approved
by the OFLC Administrator10;
3. the agreed-upon collective bargaining wage if one exists;
4. the federal minimum wage11; or
5. the state minimum wage in the state in which these workers will be employed.12

4 8 U.S.C. §1101, see https://www.law.cornell.edu/uscode/text/8/1101#a_15_H_ii_a.
5 INA§218(a)(1)(A), (B) (8 U.S.C. §1188(a)(1)(A), (B)).
6 State Workforce Agencies are the agencies in each state or territory that administrate unemployment insurance laws,
employment services, training programs, employment statistics and labor market information.
7 For details on this process, see DOL-ETA, “H-2A Temporary Certification for Agriculture Workers,”
https://flag.dol.gov/programs/H-2A.
8 20 C.F.R. §655.120(a), see https://www.ecfr.gov/current/title-20/chapter-V/part-655/subpart-B/section-655.120.
9 The AEWR is updated each January 1 or July 1 (depending on the occupation), and available in Federal Register
Notices usually are posted each December and June as well as at https://flag.dol.gov/wage-data/adverse-effect-wage-
rates. Depending on the type of work involved and the geographic location, the AEWR is based on data from the Farm
Labor Survey (FLS), the Occupational Employment and Wage Statistics (OEWS), or the federal minimum wage in
2016 and the ECI; see 20 C.F.R. §655.211, https://www.ecfr.gov/current/title-20/chapter-V/part-655/subpart-B/section-
655.211.
10 These wage data are available from https://www.dol.gov/agencies/eta/foreign-labor/wages/agriculture.
11 For more information, see CRS Report R43089, The Federal Minimum Wage: In Brief, by Sarah A. Donovan.
12 For more information, see CRS Report R43792, State Minimum Wages: An Overview, by David H. Bradley and
Abigail R. Overbay.
Congressional Research Service

2

Measuring Wages in the Agricultural Sector for the H-2A Visa Program

Figure 1. Wages Used in Labor Certification for H-2A Visas

Source: CRS presentation of information from 20 C.F.R. §655.211
Recent Changes in AEWR Methodologies for H-2A Visas
The H-2A visa program began in 1987, and DOL-ETA originally set the AEWR at the same rate
for all workers in all occupations in a geographic area, based on average farm and livestock
workers’ wages for the state or region in the Farm Labor Survey (FLS) conducted by the U.S.
Department of Agriculture (USDA).13
Open Range Herders: 2018 Rule Change
Since 1989, DOL-ETA has set special procedures for employers of open range herders (who have
long hours that are difficult to track) to use the H-2A program.14 In 2015, the department
published a final regulation setting out a separate AEWR methodology for these occupations.15
After a two-year transition period, this rule was fully enacted for labor certification of positions in
these jobs beginning in 2018. The AEWR for the range occupations is a monthly wage rate that

13 DOL-ETA, “Labor Certification Process for the Temporary Employment of Aliens in Agriculture and Logging in the
United States,” 52 Federal Register 20496 - 20533, June 1, 1987, https://www.govinfo.gov/content/pkg/FR-1987-06-
01/pdf/FR-1987-06-01.pdf#page=143 .
14 DOL-ETA, “Temporary Agricultural Employment of H-2A Foreign Workers in the Herding or Production of
Livestock on the Open Range in the United States,” 80 Federal Register 20300-20343, April 15, 2015,
https://www.govinfo.gov/content/pkg/FR-2015-04-15/pdf/2015-08505.pdf.
15 DOL-ETA, “Temporary Agricultural Employment of H-2A Foreign Workers in the Herding or Production of
Livestock on the Range in the United States,” 80 Federal Register 62957-63070, October 16, 2015,
https://www.govinfo.gov/content/pkg/FR-2015-10-16/pdf/2015-26252.pdf.
Congressional Research Service

3

link to page 8
Measuring Wages in the Agricultural Sector for the H-2A Visa Program

does not vary between states or regions. It is based on an hourly wage rate of $7.25 (the federal
minimum wage) selected in 2016, multiplied by an assumed 208 hours of work per month,16 and
adjusted annually based on the change in the ECI for private-sector wages and salaries in the
preceding year. Figure 2 shows the values of the AEWR for these positions from 2018 (when the
range occupations AEWR was fully enacted) to 2024.
Figure 2. AEWR (monthly) for Herding Occupations, 2018-2024

Source: CRS presentation of information from 82 Federal Register 60767-60768, 83 Federal Register 66307, 84
Federal Register 69768-69769, 85 Federal Register 81221, 86 Federal Register 71283, 87 Federal Register 77141-
77142, and 88 Federal Register 86679.
Other Occupations without State or Territory-Specific Wage Estimates in the
FLS: March 2023 Rule Changes
For non-range occupations, the AEWR continued to be based on average regional wages in the
FLS and did not vary by occupation until the current AEWR methodology regulation went into
effect in March 2023.17 This new methodology continues to base the AEWR on average FLS
wages for field and livestock workers employed in states and regions covered by the survey.
However, for non-field and non-livestock occupations and for places (including U.S. territories)
excluded from the FLS, the current methodology bases the AEWR on average wages in the
Occupational Employment and Wage Statistics (OEWS), conducted by DOL’s Bureau of Labor
Statistics (BLS).
The 2023 Federal Register Notice of final rulemaking states, “the SOC [Standard Occupational
Classification] codes not included in FLS field and livestock worker (combined) data collection
generally account for more specialized or higher paid job opportunities. As a result, an AEWR
determined using FLS field and livestock worker (combined) data does not adequately guard
against adverse effect on the wages of agricultural workers similarly employed in the United
States in these SOC codes.” In addition, for geographic areas in which the FLS does not report an
average wage, such as Alaska and Puerto Rico, the 2023 final rule uses OEWS data to calculate

16 As described in the proposed rule at 80 Federal Register 20300-20343, April 15, 2015, worker advocates suggested
that these occupations work a 48-hour workweek and industry employers suggested that these occupations work a 40-
hour workweek. The final rule split this difference and assumes a 44-hour workweek.
17 DOL-ETA, “Adverse Effect Wage Rate Methodology for the Temporary Employment of H-2A Nonimmigrants in
Non-Range Occupations in the United States,” 88 Federal Register 12760-12802, February 28, 2023,
https://www.govinfo.gov/content/pkg/FR-2023-02-28/pdf/2023-03756.pdf.
Congressional Research Service

4

link to page 8 link to page 8 Measuring Wages in the Agricultural Sector for the H-2A Visa Program

the AEWR for all non-range agricultural occupations, including for field and livestock workers.
The new methodology permits OFLC to use OEWS data in place of FLS data whenever FLS data
are not available.18
Congressional Interest in AEWR Methodology Changes
In recent years, there has been extensive discussion of the AEWR in Congress. In the 117th
Congress, the Farm Workforce Modernization Act of 2021 (H.R. 1603) was passed by the House.
This bill included in Section 218 (d)(2)(A) a revised methodology to estimate the AEWR that
would have made some of the same changes that were put forward by DOL in notices of proposed
rulemaking in July 201919 and December 2021 (setting separate AEWR rates for occupations
other than field and livestock workers).20 It also included in Section 218 (d)(2)(B) a provision
which would have frozen the AEWR for calendar year 2024 and limited its rate of increase from
2025 to 2033 to no more than 3.25% per year within each state and occupation.21 The same
sections appear in the proposed Farm Workforce Modernization Act of 2023 (H.R. 4319).
As discussed in the “Other Occupations without State or Territory-Specific Wage Estimates in the
FLS: March 2023 Rule Changes” section, the current methodology for estimating the AEWR
became effective March 30, 2023.22 This methodology change has attracted attention from the
118th Congress. A House resolution nullifying this rule (H.J.Res. 59) was co-sponsored by 70
Members, while a Senate resolution nullifying the rule (S.J.Res. 25) was co-sponsored by 36
Senators. Section 816 of the Secure the Border Act of 2023 (H.R. 2), which passed the House,
would repeal this rule. Section 814 would require the Secretary of the Department of Homeland
Security, in consultation with the Secretary of the Department of Agriculture, to produce a report
on, among other things, wage growth in the agricultural sector in the past 10 years. The same
language is in the proposed Border Security and Enforcement Act of 2023 (H.R. 2640, see §715
and §716) and in S.Amdt. 110 (see §594 and §596).
Other proposals in the 118th Congress would legislate freezes in the AEWR. The Farm Operators
Support Act (S. 874/H.R. 3308) would have frozen the AEWR for the remainder of 2023 at the
level in effect on December 1, 2022. The Supporting Farm Operations Act of 2024 (H.R. 7046)
would freeze the AEWR in effect on December 31, 2023, through the end of 2025. In January
2024, 75 Members signed a letter requesting that an H-2A wage freeze be included in the FY2024
appropriations bill.23

18 DOL-ETA, “Adverse Effect Wage Rate Methodology for the Temporary Employment of H-2A Nonimmigrants in
Non-Range Occupations in the United States,” 88 Federal Register 12760-12802, February 28, 2023,
https://www.govinfo.gov/content/pkg/FR-2023-02-28/pdf/2023-03756.pdf.
19 DOL-ETA and DOL-Wage and Hour Division (WHD), “Temporary Agricultural Employment of H-2A
Nonimmigrants in the United States,” 85 Federal Register 36168-36301, September 24, 2019,
https://www.govinfo.gov/content/pkg/FR-2019-07-26/pdf/2019-15307.pdf.
20 DOL-ETA, “Adverse Effect Wage Rate Methodology for the Temporary Employment of H-2A Nonimmigrants in
Non-Range Occupations in the United States,” 86 Federal Register 68174-68200, December 1, 2021,
https://www.govinfo.gov/content/pkg/FR-2021-12-01/pdf/2021-25803.pdf.
21 There was an exception allowing increases of up to 4.24% per year when the AEWR was within 110% of the
applicable federal or state minimum wage.
22 DOL-ETA, “Adverse Effect Wage Rate Methodology for the Temporary Employment of H-2A Nonimmigrants in
Non-Range Occupations in the United States,” 88 Federal Register 12760-12802, February 28, 2023,
https://www.govinfo.gov/content/pkg/FR-2023-02-28/pdf/2023-03756.pdf.
23 Letter from Rep. Bill Huizenga, Rep. Rick W. Allen, and Rep. Maria Elvira Salazar et al., January 11, 2024,
https://huizenga.house.gov/uploadedfiles/jan._11_ltr_to_appropriators_re_h2a_wage_2024.pdf.
Congressional Research Service

5

link to page 26 Measuring Wages in the Agricultural Sector for the H-2A Visa Program

Still other proposals would change wage requirements for H-2A visas. The BARN Act (H.R.
1778) would change the wage requirements for the H-2A program so that no employer is required
to pay a wage rate greater than 115% of the federal or state minimum wage (whichever is higher).
The DIGNIDAD (Dignity) Act of 2023 (H.R. 3599) would require wages that are at least the
greatest of 125% of the federal minimum wage or the applicable state or local wage minimum
wage (see §42103).
In summer 2023, the House Committee on Agriculture formed a bipartisan Agricultural Labor
Working Group, which has been discussing the AEWR and other farm wage concerns.24
Data Sources Currently Used in Labor Certification
for H-2A Visas
This section provides an overview of the two data sources currently used in estimating the
AEWR—the FLS and the OEWS. In addition, it describes agricultural prevailing wage surveys,
which are also used in labor certification for H-2A visas. An overview of this information is
provided in Table 3.
The Farm Labor Survey
The Agricultural Labor Survey (often called the Farm Labor Survey or FLS) is conducted by the
National Agricultural Statistics Service (NASS) within USDA. It is authorized under 7 C.F.R.
§2204(a), which directs the Secretary of Agriculture to “procure and preserve all information
concerning agriculture ... which he can obtain ... by the collection of statistics.”25
FLS Coverage
The FLS is a survey of farm and ranch operators conducted semiannually in April and October
(except in California, where state funding allows it to be conducted more frequently). In 2023, it
had a sample size of 16,309 farms or ranches and a response rate of 43.9%.26 Farm and ranch
operators are asked to provide, by occupation, the number of hired workers, the total hours
worked by these individuals, and the total weekly gross wages paid to each occupation during the
second weeks of January, April, July, and October. These gross wages are defined as the total
amount paid to workers before taxes and other deductions, including overtime, bonus pay,
workers’ shares of Social Security taxes, and agricultural products provided in lieu of wages, but
not including benefits such as housing, meals, or insurance. The survey includes information on
the employment and wages of workers on H-2A visas who are employed directly by farm and
range operators included in the survey sample.
NASS uses these data to estimate the employment, average hours, and gross wages of hired
workers in January and April (published in May) and in July and October (published in
November). These estimates are published in the semiannual Farm Labor Report. Separate
estimates are published for individual occupations at the national level, but at the regional level,

24 U.S. Congress, House Committee on Agriculture, Interim Report, committee print, prepared by Agricultural Labor
Working Group, 118th Cong., 1st sess., November 7, 2023, https://agriculture.house.gov/uploadedfiles/
house_committee_on_agriculture_-_alwg_interim_report_-_final_-_11.7.23.pdf.
25 7 C.F.R. §2204 (a).
26 USDA-NASS, Farm Labor Methodology and Quality, November 22, 2023, https://www.nass.usda.gov/Publications/
Methodology_and_Data_Quality/Farm_Labor/11_2023/fmlaqm23.pdf.
Congressional Research Service

6

link to page 11 link to page 12 Measuring Wages in the Agricultural Sector for the H-2A Visa Program

the Farm Labor Report contains wage estimates only for occupational aggregates (field workers,
livestock workers, and field and livestock workers combined).
FLS Caveats
As a survey of farm and ranch operators, the FLS does not collect information on the employment
or wages of farm and ranch workers who are employed by farm labor contractors.27 It also does
not collect information from farm or ranch operators in Alaska or the U.S. territories.
Role of the FLS in the AEWR
The AEWR is currently based on the FLS for the six occupations shown in Table 1 (except in
Alaska and the U.S. territories. These Big Six occupations make up “field and livestock workers,
combined.”28
Table 1. FLS Field and Livestock Workers (Combined) Occupations
Standard Occupational
Classification (SOC) code
Occupation Title
45-2041
Graders and Sorters, Agricultural Products
45-2091
Agricultural Equipment Operators
45-2092
Farmworkers and Laborers, Crop, Nursery, and Greenhouse
45-2093
Farmworkers, Farm, Ranch, and Aquacultural Animals
53-7064
Packers and Packagers, Hand
45-2099
Agricultural Workers, All Other
Source: 88 Federal Register 12760, “Adverse Effect Wage Rate Methodology for the Temporary Employment of
H-2A Nonimmigrants in Non-Range Occupations in the United States.”
For these occupations, the AEWR is set as the average hourly gross wage in the FLS (for the
occupations combined) in the state or multi-state region in which the work takes place. In recent
years, there has been a Federal Register Notice published each December setting the average
state or regional wage as the AEWR for these occupations, effective January 1. In 2023, the
highest wage for these workers was in California, with an average gross wage rate of $19.75 per
hour, and the lowest wage for these workers was in the Delta Region (Arkansas, Louisiana, and
Mississippi), with an average gross wage rate of $14.53 per hour.29
Wage Trends in the FLS
Figure 3 shows wages from the FLS over time for this group of workers in all 49 states in which
the FLS is conducted, as well as for California, the Delta Region, and Hawaii (which was in many
years the area with the highest wages for these workers), since the beginning of the H-2A visa
program. It also shows the 1986 FLS average wage for all 49 states, adjusted for growth since

27 In 2022, the Quarterly Census of Employment and Wages (discussed later in this report) shows that 15% of jobs
covered by unemployment insurance in the agricultural sector were in farm labor contractors.
28 DOL-ETA, Office of Foreign Labor Certification, 2023 H-2A Adverse Effect Wage Rate (AEWR) Final Rule FAQs,
Round 2, July 11, 2023, p. 2, https://www.dol.gov/sites/dolgov/files/ETA/oflc/pdfs/
2023%20AEWR%20Rule%20FAQ%20-%20Round%202%20-%207-11-2023.pdf.
29 USDA-NASS, Farm Labor, November 22, 2023, p. 25, https://downloads.usda.library.cornell.edu/usda-esmis/files/
x920fw89s/v405tw18s/dn39zk84n/fmla1123.pdf.
Congressional Research Service

7

link to page 12
Measuring Wages in the Agricultural Sector for the H-2A Visa Program

then in the ECI for private-sector wages and salaries, to compare growth in the FLS wage with
wage growth for U.S. private-sector workers as a whole. The ECI of wages and salaries in the
private sector is the data DOL-ETA uses to adjust wage levels in the absence of other data, such
as in the AEWR for Herders. Figure 3 shows that in recent years, average hourly wages for field
and livestock workers as measured in the FLS have grown faster than the ECI for wages and
salaries in private industry as a whole.
Figure 3. Wages in the FLS for Field and Livestock Workers, Combined, 1986-2023
Average hourly gross wages for selected areas, compared with average gross hourly wages in 1986 as
adjusted for ECI growth

Source: CRS presentation of NASS data (Farm Labor Reports) and BLS data (ECI).
Notes: The FLS is not conducted in Alaska. The Delta Region consists of Arkansas, Louisiana, and Mississippi.
The dashed line is the FLS national average hourly wage in 1986, adjusted for growth in the ECI of wages and
salaries for all private industry workers (ECI series ECU20002A and CIU2020000000000A).
Recent Expansions and Suspensions of the FLS
Versions of the FLS have existed since the 1930s, although the scale of the survey and the
specific questions asked and tables published have changed over time. In May 2011, NASS
announced its intent to suspend the survey due to budget constraints.30 This suspension was
reversed in June 2011 due to funding from DOL.31 In 2018 and 2019, NASS attempted several
expansions of the FLS related to its use in setting the AEWR:
• New, more detailed wage questions were developed and added to the FLS,
splitting questions on gross wages into questions on base wages and

30 USDA-NASS, “Notice of Intent To Suspend the Agricultural Labor Survey and Farm Labor Reports,” 76 Federal
Register 28730, May 18, 2011, https://www.govinfo.gov/content/pkg/FR-2011-05-18/pdf/2011-12255.pdf.
31 USDA-NASS, “Notice of Intent To Resume the Agricultural Labor Survey and Farm Labor Reports,” 76 Federal
Register 38110, June 29, 2011, https://www.govinfo.gov/content/pkg/FR-2011-06-29/pdf/2011-16249.pdf.
Congressional Research Service

8

link to page 23 Measuring Wages in the Agricultural Sector for the H-2A Visa Program

incentive/bonus and overtime wages.32 These questions were developed with the
intent that base wages rather than gross wages could be used in the AEWR.33
• Surveys were developed and tested to ask agricultural labor contractors about the
workers they hired.34 When the tests showed problems with surveying farm labor
contractors directly, NASS explored adding questions about contracted labor to
the FLS. NASS concluded that neither option was feasible.35 Data from the
Quarterly Census of Employment and Wages (see Figure 8) show lower average
wages in this industry than in the rest of the agricultural sector; thus, including
this industry might have lowered average wages measured in the FLS.
• The sample size of the FLS increased from 10,421 in 2018 to 30,195 in 2019 and
36,016 in 2020,36 with the intention of publishing data by occupation for each
state or region.37 The November 2019 Farm Labor Report added tables on gross
wage rates and base wage rates by each individual occupation for each state or
region, including state or region-level wage estimates for “Farmers, ranchers, and
other agricultural managers” (SOC Code 11-9013) and “First-line supervisors of
farming, fishing workers” (SOC Code 45-1011).38
In September 2020, NASS announced its intention to suspend the FLS, saying “the public can
access other data sources for the data collected in the Agricultural Labor Survey.”39 DOL issued a
2020 AEWR rule providing for annual adjustments in the AEWR for field and livestock workers
after a two-year freeze, relying on the ECI in the absence of new FLS data.40 The United Farm
Workers sued USDA to block this suspension, citing the use of the FLS in labor certification. The
United States District Court for the Eastern District of California granted a preliminary injunction
in the case, ruling that USDA was required to conduct the FLS.41 NASS reinstated the FLS in
December 202042 and DOL stopped funding the survey. The FLS returned to the smaller sample

32 Benjamin Reist, Tyler Wilson, and Heather Ridolfo et al., Findings for the 2018 Agricultural Labor Base Wage
Question Experiments, USDA-NASS, March 2019, https://www.nass.usda.gov/Publications/
Methodology_and_Data_Quality/Farm_Labor/03_2019/2018%20Final%20Farm%20Labor%20Report.pdf.
33 USDA, Fruit and Vegetable Industry Advisory Committee, Meeting Transcript, August 14, 2019, pp. 204-205,
https://www.ams.usda.gov/sites/default/files/media/FVIACMeetingMinutes.pdf.
34 Kathy Ott and Heather Ridolfo, 2018 Agricultural Labor Contractor Cognitive Testing Final Report, USDA-NASS,
January-July 2018.
35 Heather Ridolfo and Kathy Ott, Reporting Contract Labor on the Agricultural Labor Survey, USDA-NASS, RDD
Research Report Number RDD-20-03, September 2020, https://www.nass.usda.gov/Education_and_Outreach/
Reports,_Presentations_and_Conferences/reports/AltToContractorFinalReport_09_21_2020.pdf.
36 USDA-NASS, Farm Labor Methodology and Quality, November 21, 2019, https://www.nass.usda.gov/Publications/
Methodology_and_Data_Quality/Farm_Labor/11_2019/ALS%20QM%20Document_Nov2019.pdf; and USDA-NASS,
Farm Labor Methodology and Quality, November 24, 2021, https://www.nass.usda.gov/Publications/
Methodology_and_Data_Quality/Farm_Labor/11_2021/flqm1121.pdf.
37 USDA, Fruit and Vegetable Industry Advisory Committee, Meeting Transcript, August 14, 2019, pp. 211,
https://www.ams.usda.gov/sites/default/files/media/FVIACMeetingMinutes.pdf.
38 USDA-NASS, Farm Labor, November 21, 2019, https://downloads.usda.library.cornell.edu/usda-esmis/files/
x920fw89s/c821h164m/fq9788943/fmla1119.pdf.
39 USDA-NASS, “Notice of Revision to the Agricultural Labor Survey and Farm Labor Reports by Suspending Data
Collection for October 2020,” 85 Federal Register 61419, September 30, 2020, https://www.govinfo.gov/content/pkg/
FR-2020-09-30/pdf/2020-21592.pdf.
40 DOL-ETA, “Adverse Effect Wage Rate Methodology for the Temporary Employment of H-2A Nonimmigrants in
Non-Range Occupations in the United States,” 88 Federal Register 12762, February 28, 2023.
41 United Farm Workers v. Perdue, (E.D. Cal Oct. 28, 2020).
42 USDA-NASS, “Notice of Reinstatement of the Agricultural Labor Survey Previously Scheduled for October 2020,”
85 Federal Register 79463, December 10, 2020.
Congressional Research Service

9

Measuring Wages in the Agricultural Sector for the H-2A Visa Program

size43 and the information provided in the Farm Labor Report reverted to the smaller set of items
published before 2019.
The Occupational Employment and Wage Statistics
The OEWS is a BLS program. While not specifically authorized by statute, the OEWS falls under
the broad mandate of BLS under 29 U.S.C. §2, which states, “The Bureau of Labor Statistics,
under the direction of the Secretary of Labor, shall collect, collate, and report at least once each
year, or oftener if necessary, full and complete statistics of the conditions of labor and the
products and distribution of the products of the same.”
OEWS Coverage
The OEWS estimates are based on surveys conducted in cooperation with SWAs. Survey data are
collected from nonfarm employers in May and November each year and estimates are published
each spring based on data collected during the previous three years. The estimates published in
April 2023 were based on a sample size of 1.1 million establishments surveyed from November
2019 through May 2022, with an overall response rate of 65.4%. The OEWS surveys nonfarm
employers covered by state unemployment insurance (UI) programs as well as rail transportation
employers. Surveyed employers are asked about the number of people they employ in each
occupation and either the hourly or annual wages they pay each of these workers; many
respondents give BLS a copy of their payroll data for the survey month. Wages include
production bonuses but not overtime pay.44 Separate wage estimates are published for individual
occupations at the metropolitan and nonmetropolitan areas, state and national levels, if there are
sufficient employers for an occupation to publish estimates without breaching the confidentiality
of individual employer responses.45 Wage estimates are published for all states, the District of
Columbia, Puerto Rico, Guam, and the U.S. Virgin Islands.46
The OEWS program publishes wage estimates by occupation and by geography across all
nonfarm industries. It also publishes national wage estimates by occupation and by industry.
Within the agricultural sector, it publishes wage estimates in the “Support Activities for
Agriculture and Forestry” industry, which includes farm labor contractors. It does not publish
wage estimates within the “Crop Production” or “Animal Production” industries.47
Recent and Proposed Expansions and Contractions of the OEWS
Versions of the OEWS have existed since the 1960s, but the survey did not include the collection
of wages in every state until 1996. Since then, this program has undergone changes in
occupational classification (most substantially in 1999, when the survey began collecting and
publishing data using the SOC system), industry classification, the geographic classification of

43 USDA-NASS, Farm Labor Methodology and Quality Measures, November 24, 2021, https://www.nass.usda.gov/
Publications/Methodology_and_Data_Quality/Farm_Labor/11_2021/flqm1121.pdf.
44 DOL, BLS, Occupational Employment and Wage Statistics: Technical Notes for May 2022 OEWS Estimates, April
25, 2023, https://www.bls.gov/oes/current/oes_tec.htm.
45 DOL, BLS, Occupational Employment and Wage Statistics: Frequently Asked Questions, https://www.bls.gov/oes/
oes_ques.htm.
46 DOL, BLS, Occupational Employment and Wage Statistics: May 2022 State Occupational Employment and Wage
Estimates, April 25, 2023, https://www.bls.gov/oes/current/oessrcst.htm.
47 DOL, BLS, Occupational Employment and Wage Statistics: May 2022 National Industry-Specific Occupational
Employment and Wage Estimates, https://www.bls.gov/oes/current/oessrci.htm#11.
Congressional Research Service

10

link to page 11 link to page 11 Measuring Wages in the Agricultural Sector for the H-2A Visa Program

substate areas, sample design, and estimation methodology.48 In 2011, the OEWS was extended to
cover farms as part of the Green Goods and Services program. This extension was cut as part of
the sequestration due to the Budget Control Act of 2011.49 The President’s budget request for
FY2024 includes $1,137,000 to restore data collection for agricultural industries to the OEWS
program.50
Role of the OEWS in the AEWR
For most areas, the AEWR is currently based on the OEWS for all occupations except those
shown in Table 1 (the Field and Livestock Workers (Combined) Occupations). Examples of other
occupations relevant for H-2A workers include heavy and tractor-trailer truck drivers; farmers,
ranchers, and other agricultural managers; and first-line supervisors of farming, fishing, and
forestry workers.
In Alaska and in U.S. territories, where the FLS does not produce estimates, the AEWR is also
currently based on the OEWS for the occupations shown in Table 1. (DOL estimates that “the
vast majority of H-2A job opportunities” are based on the FLS.51)
OEWS Caveats
As a survey of nonfarm employers, the coverage of the OEWS can vary for occupations relevant
for labor certification of H-2A workers. For example, the OEWS program estimates that nonfarm
employers in the United States employ 1,984,180 heavy and tractor-trailer truck drivers; 6,250
farmers, ranchers, and other agricultural managers; and 27,670 first-line supervisors of farming,
fishing, and forestry workers. The FLS program estimates that farm and ranch employers in the
49 states covered by the FLS employ 24,000 farmers, ranchers, and other agricultural managers
and 21,000 first-line supervisors of farming, fishing, and forestry workers. If it is assumed that
the total number of employees in these two occupations is the sum of non-farm employees from
the OEWS and farm and ranch employees from the FLS, wages for hired farmers, ranchers, and
other agricultural managers in the OEWS are based on about 20% of total employment in this
occupation, and wages for hired first-line supervisors of farming, fishing, and forestry workers in
the OEWS are based on about 60% of the total employment in this occupation.
Wage Trends in the OEWS
The OEWS program cautions against making comparisons of wages over time with these data
due to changes in occupational definitions, geographic area definitions, disruptions in data
collection during the COVID-19 pandemic, and so forth.52 Nonetheless, national average hourly

48 Matthew Dey and Elizabeth Weber Handwerker, “Longitudinal data from the Occupational Employment Statistics
survey,” Monthly Labor Review, DOL, BLS, October 2016, https://doi.org/10.21916/mlr.2016.49; and DOL, BLS,
Survey Methods and Reliability Statement for the May 2022 Occupational Employment and Wage Statistics Survey,
April 25, 2023, p. 1, https://www.bls.gov/oes/methods_22.pdf.
49 Stella D. Fayer, “Agriculture: occupational employment and wages,” Monthly Labor Review, DOL, BLS, July 2014,
https://doi.org/10.21916/mlr.2014.25
50 DOL, FY 2024 Congressional Budget Justification, Bureau of Labor Statistics, https://www.dol.gov/sites/dolgov/
files/general/budget/2024/CBJ-2024-V3-01.pdf.
51 DOL-ETA, “Adverse Effect Wage Rate Methodology for the Temporary Employment of H-2A Nonimmigrants in
Non-Range Occupations in the United States,” 88 Federal Register 12766, February 28, 2023,
https://www.govinfo.gov/content/pkg/FR-2023-02-28/pdf/2023-03756.pdf.
52 DOL, BLS, Occupational Employment and Wage Statistics: Frequently Asked Questions, https://www.bls.gov/oes/
oes_ques.htm.
Congressional Research Service

11

link to page 16 link to page 16 link to page 11 link to page 16 link to page 16
Measuring Wages in the Agricultural Sector for the H-2A Visa Program

wages for occupations frequently mentioned in discussions of the H-2A program are shown in
Figure 4, beginning in 1999, when the OEWS began collecting and publishing data using the
SOC. These include “Truck Drivers,” “First-line Supervisors of Farm Workers,” and
“Agricultural Managers.” Figure 4 also shows national average hourly wages for “Miscellaneous
Agricultural Workers,” because the current AEWR methodology permits the AEWR to be based
on the OEWS for any occupation and area where FLS data are unavailable. “Miscellaneous
Agricultural Workers” (SOC Code 45-2090) is a broad occupation category encompassing four of
the Big Six detailed occupations in Table 1: “Agricultural Equipment Operators” (SOC 45-2091);
“Farmworkers and Laborers, Crop, Nursery, and Greenhouse” (SOC 45-2092); “Farmworkers,
Farm, Ranch, and Aquacultural Animals” (SOC 45-2093); and “Agricultural Workers, All Other”
(SOC 45-2099).
Figure 4 also shows the 1999 average nationwide OEWS wage for “Miscellaneous Agricultural
Workers,” adjusted for growth since then in the ECI for private-sector wages and salaries.
Comparing the actual wage data for this occupation with wage changes due to growth in the ECI
shows that in recent years, average hourly wages for “Miscellaneous Agricultural Workers” in the
OEWS have grown faster than the ECI for private-sector wages and salaries as a whole. Figure 4
also shows that for farmers, ranchers, and other agricultural managers (a small occupation even at
the national level among nonfarm employers), OEWS wages vary from year to year at the
national level. Wage estimates for this occupation vary even more from year to year at the state
level (not shown).
Figure 4. Wages in the OEWS for Selected Occupations, 1999-2022
National average hourly wages, compared with ECI growth since 1999

Source: CRS presentation of BLS data from the OEWS and ECI.
Notes: The OEWS program cautions against making comparisons of wages over time using OEWS data. The
dashed line is the OEWS national average hourly wage in 1999 for “Miscellaneous Agricultural Workers,”
adjusted for growth in the ECI of wages and salaries for all private industry workers (ECI series ECU20002A and
CIU2020000000000A).
Congressional Research Service

12

link to page 7 Measuring Wages in the Agricultural Sector for the H-2A Visa Program

Local Agricultural Prevailing Wage Surveys
As shown in Figure 1, local Agricultural Prevailing Wage Surveys are one of the components of
labor certification for the H-2A visa program. A 2022 DOL rule53 set regulations for the surveys
that produce these wage estimates. The surveys can be conducted at the discretion of SWAs, who
may either conduct the surveys themselves or report the results of surveys conducted by other
state agencies such as state agriculture agencies or state universities. Survey results are used in
labor certification if OFLC determines that the survey meets the requirements set out in the 2022
rule and posts the results in the OFLC Agricultural Online Wage Library.54 They remain in effect
for the purpose of labor certification for one year after being posted, unless they are replaced by a
new prevailing wage survey.55
The requirements set out in the 2022 rule for these surveys to be accepted by OFLC for use in
labor certification include the following:
• the SWA must provide OFLC with the methodology used in conducting the
survey;
• the survey must report the average wages for U.S. workers (not workers on H-2A
visas) in a single crop activity or agricultural activity within “an appropriate
geographic area”; these can either be piece rates or hourly wages;
• the surveyor must either attempt to contact all relevant employers or a random
sample of the employers;
• the survey must include wage reports from at least 30 U.S. workers (or from all
U.S. workers engaged in the relevant activity if there are less than 30); and
• the survey must include wage reports from at least five employers (or from all
employers engaged in the relevant activity if there are less than five).
A decreasing number of states conduct these prevailing wage surveys.56 Until the 2022 rule went
into effect, OFLC accepted only prevailing wage surveys for labor certification that were
conducted directly by SWAs. Some comments on the proposed rule focused on the possibility that
surveys conducted by state universities might be biased if their surveys were financed by grower
associations. OFLC concluded that state universities could be trusted to conduct surveys
independently, regardless of their funding sources. Other discussions of the proposed rule focused
on when prevailing wage surveys should be conducted. DOL stated,
state-conducted prevailing wage surveys are another source of information that can provide
protections for workers who are engaged in specific crop or agricultural activities offering
piece rate pay or higher hourly rates of pay than the applicable AEWR in a geographic area
... the Department primarily meets its obligation to protect against adverse effect on the
wages of workers in the United States similarly employed by requiring employers to offer,
advertise, and pay at least the AEWR.57

53 DOL-ETA and DOL-WHD, “Temporary Agricultural Employment of H-2A Nonimmigrants in the United States,”
87 Federal Register 61660-61831, October 12, 2022.
54 The OFLC Agricultural Online Wage Library is at https://www.dol.gov/agencies/eta/foreign-labor/wages/agriculture
55 OFLC, 2022 H-2A Final Rule FAQs: Prevailing Wage Surveys, November 21, 2022, https://www.dol.gov/sites/
dolgov/files/ETA/oflc/pdfs/2022%20H-2A%20FR_SWA%20FAQs_PW%20surveys%20Nov%2017.pdf.
56 Sarah Everhart and Margaret Todd, Prevailing Wage and Practices – Agricultural Employment Surveys, Maryland
Farm Bureau, https://mdfarmbureau.com/prevailing-wage-and-practices-agricultural-employment-surveys/.
57 DOL-ETA and DOL-WHD, “Temporary Agricultural Employment of H-2A Nonimmigrants in the United States,”
87 Federal Register 61660-61831, October 12, 2022.
Congressional Research Service

13

link to page 18 link to page 26 Measuring Wages in the Agricultural Sector for the H-2A Visa Program

The list of prevailing wages currently active for use in labor certification is shown in Table 2.
There are nine of these wage rates, from seven states.
Table 2. Active Prevailing Wages in the OFLC Agricultural Online Wage Library
State
Reporting Area
Type of Work
Wage
Georgia
South
Greens, Planting
$11.99 per hour
Idaho
Statewide
Potato Crop Harvesting, Rock Picker ∗ Harvest
$14.68 per hour
Worker
New Jersey
Statewide
Mixed Vegetables, Farmworkers and Laborers
$12.00 per hour
New Jersey
Statewide
Peaches, Farmworkers and Laborers
$11.30 per hour
New Jersey
South
Blueberry, Hand Pick
$5.35 per crate
New York
Western New York Apples, Fresh, Not Stem Clipped
$17.19 per hour
South Carolina
Pee Dee
Tobacco, Harvest
$10.00 per hour
Texas
Statewide
Cotton, Gin Worker
$10.00 per hour
West Virginia
Eastern Panhandle
Apple Harvest
$13.50 per hour
Source: OFLC Agricultural Online Wage Library, as of February 2024, https://www.dol.gov/agencies/eta/foreign-
labor/wages/agriculture.
Additional Sources of Agricultural Sector Wage
Data
The Federal Register Notice that suspended collection of the FLS in 2020 stated,
the public can access other data sources for the data collected in the Agricultural Labor
Survey. These sources include, but are not limited to, the Agricultural Resources
Management Survey (ARMS), Census of Agriculture (COA), American Community
Survey (ACS), Quarterly Census of Employment and Wages (QCEW), National Economic
Accounts, and the National Agricultural Workers Survey (NAWS).58
This section will discuss these data sources (as well as the Current Population Survey [CPS]), in
terms of both their usefulness for understanding agricultural wages generally and their potential
use in labor certification for the H-2A visa program. It will also show how wage trends from each
source compare with wage and salary growth in the Employment Cost Index (ECI) for all private-
sector workers in the United States. An overview of this information is also provided in Table 3.
Agricultural Resources Management Survey (ARMS)
Like the FLS, the ARMS is a survey of farm and ranch operators conducted by NASS. The
ARMS is conducted annually with a sample of about 30,000 farm and ranch operations in the
continental United States and focuses on farm production expenditures, production practices, and
costs of farm production for specific crops.59 It collects information about total expenditures on

58 USDA-NASS, “Notice of Revision to the Agricultural Labor Survey and Farm Labor Reports by Suspending Data
Collection for October 2020,” 85 Federal Register 61419, September 30, 2020, https://www.govinfo.gov/content/pkg/
FR-2020-09-30/pdf/2020-21592.pdf.
59 USDA-NASS, Farm Production Expenditures: Methodology and Quality Measures, July 2023,
(continued...)
Congressional Research Service

14

link to page 19
Measuring Wages in the Agricultural Sector for the H-2A Visa Program

wages for hired farm and ranch labor, but it does not ask the number of hired workers employed
on the farm or ranch. Thus, data from this survey are not applicable to estimating wages or
salaries for hired agricultural workers (except for the “principal producer” and their spouse, for
whom there are individual annual wage questions on the survey form).60 Estimates are published
for five regions of the United States, as well as for “the fifteen states with the greatest agricultural
cash receipts and of the other states within the corresponding regions.” Labor expenses per farm
are shown in Figure 5, along with labor expenses per farm in 1996 adjusted for growth in the
ECI. Since 2012, labor expenses per farm have been consistently higher than labor expenses per
farm in 1996 adjusted for growth in the ECI.
Figure 5. Labor Expenses per Farm in the ARMS, 1996-2022
Mean labor expenses in 48 states, compared with ECI growth since 1996

Source: CRS presentation of NASS and BLS data.
Notes: The ARMS survey is not conducted in Alaska or Hawaii. The dashed line is labor expenses per farm in
1996, adjusted for growth in the ECI of wages and salaries for all private industry workers.
Census of Agriculture (COA)
The COA, conducted by NASS, is a complete count of U.S. farms and ranches and the people
who operate them. It has been conducted in various forms for nearly 200 years, and currently
occurs at five-year intervals. Results from the 2022 Census of Agriculture were released in
February 2024 (results for Puerto Rico, Guam, the U.S. Virgin Islands, American Samoa, and the
Northern Mariana Islands will be released later); results of previous censuses are often available
at the county level.61
The 2022 COA contains questions on labor expenses—one question on total annual expenditures
for directly hired farm and ranch labor, including employer’s costs for employee benefits, and a
second question on expenses for contract labor. It also contains questions on the total number of

https://www.nass.usda.gov/Publications/Methodology_and_Data_Quality/Farm_Production_Expenditures/07_2023/
fpxq0823.pdf.
60 USDA-NASS, Agricultural Resource Management Survey (ARMS) Report Form (Version 1), November 21, 2022,
https://www.nass.usda.gov/Publications/Methodology_and_Data_Quality/Farm_Production_Expenditures/07_2023/
v1crr_22.pdf.
61 USDA-NASS, Census of Agriculture: Frequently Asked Questions, https://www.nass.usda.gov/AgCensus/FAQ/
2022/index.php.
Congressional Research Service

15

link to page 21 Measuring Wages in the Agricultural Sector for the H-2A Visa Program

hired farm or ranch workers employed during 2022, in two categories—the number of hired
workers who worked less than 150 days, and the number who worked 150 days or more. It does
not ask any questions about the number of hours or weeks worked by these individuals.62 These
employment and labor expense data allow the estimation of rough measures of labor expenditures
per hired worker every fifth year.
The American Community Survey (ACS)
The ACS, conducted by the U.S. Census Bureau, is a survey of the U.S. population designed for
collecting information for small geographic areas in between decennial population censuses.
Conducted since 2005 (after pilot tests and demonstrations from 2000 to 2004),63 it now has a
sample size of about 3.54 million addresses per year (295,000 per month) in the United States, as
well as 36,000 addresses per year in Puerto Rico.64 The response rate for the ACS in 2022 for the
United States as a whole was 84.4%,65 although there are concerns about addresses being
disproportionately missing from the sample frame in rural areas.66
For each person currently residing at surveyed addresses,67 the ACS asks questions including the
total amount of wages earned in the past 12 months, the kind of business or industry in which
employed people worked, and each person’s main occupation. The ACS questionnaire is designed
for self-response by mail or internet. Many ACS estimates are published for areas with 65,000 or
more people based on each individual year of data collection, and for all counties based on five
years of data collection.68 However, the Census Bureau publishes estimates of annual earnings by
detailed occupation only at the national level. Figure 6 shows median annual earnings from the
ACS of selected occupations relevant for the H-2A visa program, along with the earnings of
miscellaneous agricultural workers in 2010 adjusted for growth in the ECI.

62 USDA-NASS, UNITED STATES 2022 CENSUS OF AGRICULTURE: Report Form, September 20, 2021,
https://www.nass.usda.gov/AgCensus/Report_Form_and_Instructions/2022_Report_Form/
2022_CoA_Questionnaire_Final.pdf.
63 Christopher Martin and Sharon A. Tosi Lacey, History of the American Community Survey, U.S. Census Bureau,
January 2024, https://www.census.gov/history/pdf/thehistoryoftheacs.pdf.
64 U.S. Census Bureau, ACS and PRCS Survey Design and Methodology, Version 3.0, November 2022, pp. 4-1,
https://www2.census.gov/programs-surveys/acs/methodology/design_and_methodology/2022/
acs_design_methodology_report_2022.pdf.
65 U.S. Census Bureau, American Community Survey: Response Rates, https://www.census.gov/acs/www/methodology/
sample-size-and-data-quality/response-rates/.
66 Larry Bates and Jim Hartman, Research on Master Address File Quality—Implications for the American Community
Survey, U.S. Census Bureau, DSSD 2012 American Community Survey Research Memorandum Series ACS12-R-01,
February 3, 2012, https://www.census.gov/content/dam/Census/library/working-papers/2012/acs/2012_Bates_01.pdf.
67 U.S. Census Bureau, ACS and PRCS Survey Design and Methodology, Version 3.0, November 2022, pp. 6-2,
https://www2.census.gov/programs-surveys/acs/methodology/design_and_methodology/2022/
acs_design_methodology_report_2022.pdf.
68 U.S. Census Bureau, Understanding and Using American Community Survey Data: What All Data Users Need to
Know, September 2020, https://www.census.gov/content/dam/Census/library/publications/2020/acs/
acs_general_handbook_2020.pdf.
Congressional Research Service

16

link to page 22
Measuring Wages in the Agricultural Sector for the H-2A Visa Program

Figure 6. Annual Earnings of Workers in Selected Occupations in the ACS, 2010-2022
Median annual earnings of full-time year-round employed individuals aged 16+, compared with ECI growth

Source: CRS presentation of Census Bureau and BLS data.
Notes: These data are published only at the national level. The dashed line is miscellaneous agricultural workers’
annual earnings reported in 2010, adjusted for growth in the ECI of wages and salaries for all private industry
workers.
The Current Population Survey (CPS)
The CPS, conducted by BLS and the Census Bureau, is a survey of about 60,000 households per
month. These households are contacted by telephone or in person, and trained interviewers ask
many detailed questions to properly classify the labor market activities of each adult in the
household.69 The response rate of this survey has been falling in recent years, and is now about
71%.70 Versions of the CPS have been conducted since 1940.71
Wage data from the CPS are collected as “usual weekly earnings” or as hourly earnings
multiplied by “usual weekly hours” in the main jobs of wage and salary earners and of the self-
employed whose businesses are incorporated. These earnings include overtime pay, commissions,
or tips usually received. Additional information gathered during the interview is used to convert
earnings reported hourly, monthly, or annually into weekly earnings. The detailed earnings
questions are asked only of households in a quarter of the months that they answer the survey.
These earnings estimates are published quarterly by occupation groups, and annually by more
detailed occupations at the national level for occupations large enough to support these estimates.
Figure 7 shows median usual weekly earnings from the CPS of selected occupations relevant for
the H-2A visa program (where estimates are available), along with the earnings of miscellaneous
agricultural workers in 2000 adjusted for growth in the ECI.

69 DOL, BLS, Monthly Employment Situation Report: Quick Guide to Methods and Measurement Issues, February 3,
2023, https://www.bls.gov/bls/empsitquickguide.htm#household.
70 DOL, BLS, Household and establishment survey response rates, https://www.bls.gov/osmr/response-rates/#chart1a.
71 U.S. Census Bureau, Current Population Survey Design and Methodology, Technical Paper 77, October 2019,
https://www2.census.gov/programs-surveys/cps/methodology/CPS-Tech-Paper-77.pdf.
Congressional Research Service

17

Measuring Wages in the Agricultural Sector for the H-2A Visa Program

Figure 7. Usual Weekly Earnings for Selected Occupations in the CPS, 2000-2023
Median usual weekly earnings (on their main job) for employed full-time workers age 16+, compared with
ECI growth

Source: CRS presentation of BLS data.
Notes: Estimates are available only at the national level for wages on workers’ main jobs. The dashed line is
miscellaneous agricultural workers’ usual weekly earnings in 2000, adjusted for growth in the ECI of wages and
salaries for all private industry workers.
The Quarterly Census of Employment and Wages (QCEW)
The QCEW is assembled by BLS from the administrative data of state UI programs,
supplemented with employer surveys and reviewed by BLS in collaboration with SWAs. Some
farms and farmworkers are not covered in these data because they are not covered by the UI
system. Workers temporarily in the United States on H-2A visas are not covered by UI.72 In
addition, the UI program has different requirements for agricultural versus nonagricultural
employers. Agricultural employers are required to participate in the UI program only if they pay
wages of $20,000 or more in any quarter of the current or preceding year or if they employ 10 or
more workers on at least one day in each of 20 different weeks in the current or preceding year.
These size requirements apply to both farms and farm labor contractors. Seven states (California,
Florida, Minnesota, New York, Rhode Island, Texas, and Washington), Puerto Rico, the U.S.
Virgin Islands, and the District of Columbia also require smaller agricultural employers to
provide UI coverage.73
Each quarter, private sector employers send their state UI system a report listing the total number
of employees covered by UI each month and the total compensation paid to all covered
employees that quarter. The components included in total compensation vary from state to state
but generally include wages and salaries, bonuses, the cash value of meals and lodging, and
employee contributions toward employer-provided benefits. BLS regularly surveys employers to
properly classify their location and economic activity. BLS uses these data to publish quarterly

72 Department of the Treasury, Internal Revenue Service, Aliens Employed in the U.S. - FUTA, Publication 51, Cat. No.
10329R (Circular A), Agricultural Employer’s Tax Guide, December 19, 2022, p. 23, https://www.irs.gov/pub/irs-pdf/
p51.pdf.
73 DOL-ETA, Office of Unemployment Insurance, Comparison of State Unemployment Insurance Laws, Section 1-2
https://oui.doleta.gov/unemploy/pdf/uilawcompar/2022/coverage.pdf.
Congressional Research Service

18

link to page 23 link to page 23
Measuring Wages in the Agricultural Sector for the H-2A Visa Program

tabulations of employment and wages at the county level by detailed industry, where there are a
sufficient number of employers that publication would not reveal information provided by any
individual employer. These are published about five months after the end of each quarter.74 Unlike
the data used in labor certification for H-2A visas, QCEW data are not estimated separately by
occupation.
Figure 8 shows national average weekly wages from the QCEW for agricultural industries,
compared with growth in the ECI. The QCEW classifies industries using the North American
Industrial Classification System (NAICS). Agriculture is part of NAICS sector 11: “Agriculture,
Forestry, Fishing, and Hunting.” Within this sector, most employers of H-2A visas are in
industries 111: “Crop Production”; 112: “Animal Production”; and 115: “Support Activities for
Agriculture and Forestry,” which contains the detailed industry 115115: “Farm Labor Contractors
and Crew Leaders.” QCEW data are available for many detailed industries. For example, there
are many counties in which these quarterly average wage data are available for the detailed
industry 11114: “Wheat farming.” Figure 8 also shows QCEW wages for all of NAICS sector 11
in 2001, adjusted for growth in the ECI since 2001. Actual wage growth in this sector has been
greater than the growth in the ECI.
Figure 8. Weekly Wage for Selected Industries in the QCEW, 2001(Q1)–2023(Q2)
Average weekly wage for employees covered by UI, compared with ECI growth

Source: CRS presentation of BLS data.
Notes: These are national estimates; estimates are also available at the county level by detailed industry. The
dashed line is average weekly wages for workers in the “Agricultural, forestry, fishing, and hunting” industry in
2001, adjusted for growth in the ECI of wages and salaries for all private industry workers.
The National Economic Accounts
In its 2020 Federal Register Notice suspending the FLS,75 the USDA identified the National
Economic Accounts as one of several existing data sources that could be relied upon for at least

74 DOL, BLS, Handbook of Methods: Quarterly Census of Employment and Wages, https://www.bls.gov/opub/hom/
cew/home.htm.
75 USDA-NASS, “Notice of Revision to the Agricultural Labor Survey and Farm Labor Reports by Suspending Data
(continued...)
Congressional Research Service

19

link to page 25 Measuring Wages in the Agricultural Sector for the H-2A Visa Program

part of the information collected in the FLS. The National Economic Accounts consist of the
National Income and Product Accounts, prepared by the Bureau of Economic Analysis (BEA);
the Industry Economic Accounts, also prepared by BEA; and the Financial Accounts of the
United States, prepared by the Board of Governors of the Federal Reserve System. The accounts
are compiled largely from data collected by other statistical agencies, such as the QCEW and, in
agriculture, the ARMS. They provide consistent, integrated measures of the size and composition
of the U.S. economy. However, they do not provide additional information on wages in the
agricultural sector beyond those published in the sources described above.76
The National Agricultural Workers Survey (NAWS)
The NAWS is funded by DOL-ETA and conducted by JBS International, Inc., a management and
information technology consulting firm.77 This survey interviews 1,500 to 3,600 field workers
active in crop agriculture over two-year periods in the contiguous United States. In addition to
excluding animal production workers and all workers in Alaska, Hawaii, Puerto Rico, and other
U.S. territories from its sample, the NAWS does not collect data from temporary foreign workers
(such as H-2A visa holders) in any state.78 It asks other farmworkers questions not found in any of
the other surveys described in this report, such as how long have they been doing farm work,
what other jobs do they hold, and what is their legal status, among other questions.79 It also
collects information on hourly and piece-rate wages.80
ETA periodically publishes tables of the demographic and employment characteristics of NAWS
respondents, based on at least two years of data collection. Hourly earnings estimates for the
United States in the NAWS publications are shown in Figure 9. Similar estimates are available
for regions (East, Midwest, Northwest, Southeast, Southwest) and for California. They are not
available separately by occupation.

Collection for October 2020,” 85 Federal Register 61419, September 30, 2020, https://www.govinfo.gov/content/pkg/
FR-2020-09-30/pdf/2020-21592.pdf.
76 BEA, Concepts and Methods of the U.S. National Income and Product Accounts, December 2023,
https://www.bea.gov/resources/methodologies/nipa-handbook/pdf/all-chapters.pdf.
77 Letter from Susan M. Gabbard, Project Director, to Sample Agricultural Employer, https://www.dol.gov/sites/
dolgov/files/ETA/naws/pdfs/NAWS_Sample_Letter_to_Agricultural_Employer.pdf.
78 DOL-ETA, Statistical Methods of the National Agricultural Workers Survey, https://www.dol.gov/sites/dolgov/files/
ETA/naws/pdfs/NAWS_Statistical_Methods_AKA_Supporting_Statement_Part_B.pdf.
79 DOL-ETA, Justification for the National Agricultural Workers Survey, https://www.dol.gov/sites/dolgov/files/ETA/
naws/pdfs/NAWS_Justification.pdf.
80 DOL-ETA, Questionnaire Content & How to Obtain Copies of the Questionnaire, https://www.dol.gov/agencies/eta/
national-agricultural-workers-survey/questionnaire.
Congressional Research Service

20

link to page 26
Measuring Wages in the Agricultural Sector for the H-2A Visa Program

Figure 9. Hourly Earnings of Farmworkers in the NAWS, 1989-2020
Average hourly earnings at current farm job, compared with ECI growth

Source: CRS presentation of DOL-ETA data.
Notes: These are estimates for the contiguous 48 states. The dashed line is hourly earnings in 1990, adjusted for
growth in the ECI of wages and salaries for all private industry workers.
Conclusion
Table 3 provides a comparison of all the wage data sources discussed in this report. It shows that
the FLS and the OEWS are the only data sources currently available that provide state- or region-
level wage estimates for agricultural occupations. However, the FLS currently provides state- or
region-level wage estimates only for field and livestock workers (combined). In addition, the
OEWS is a survey of nonfarm businesses, which weakens the accuracy of its wage estimates for
predominantly agricultural occupations such as farm managers or supervisors of agricultural
workers. The President’s budget request for FY2024 includes $1,137,000 to add data collection
for farms to the OEWS program.
Figures 3-9 of this report include comparisons of wages over time in each data source with
growth in the ECI (a measure of overall U.S. employer costs for wages and salaries). These
figures show that in each source, agricultural sector wages have been growing faster than the ECI
for all private-sector wages and salaries in recent years. This means that the wages used in labor
certification for the H-2A visa are increasing due to wage growth in the agricultural sector that is
higher than wage growth for the private sector as a whole. This pattern is found in all these data
sources, not only in those currently used in labor certification.

Congressional Research Service

21

link to page 28 link to page 28
Table 3. Comparison of Selected Sources of Agricultural Wage Data
Current Use in
Scale of Current
Wages or Earnings
Detail of Published
Labor
Source
Coverage
Data Collection
Measure
Estimates
Certification
The Farm Labor Survey (FLS)
Workers employed
About 16,000 farm
Average hourly gross
State- or region-level
The Adverse Effect
Conducted by the National
directly on farms and
and ranch operators
wages, including base
estimates for the Big
Wage Rate (AEWR)
Agricultural Statistics Service (NASS),
ranches (not employed
in the continental
wages, overtime, and
Sixa occupations
is based on this
https://www.nass.usda.gov/Surveys/
by labor contractors)
United States and
monetary bonuses, but

survey for the Big
Guide_to_NASS_Surveys/
Hawaii
not benefits such as
Sixa occupations in all
Farm_Labor/
housing or meals
U.S. states except
Alaska
The Occupational Employment
Workers employed by
1.1 mil ion nonfarm
Hourly or annual wages,
State- or territory-
The AEWR is based
and Wage Statistics (OEWS)
nonfarm employers and
business
including production
level wage estimates
on this survey
Conducted by the Bureau of Labor
covered by state
establishments over a bonuses but not
(where there are
wherever the FLS
Statistics (BLS),
unemployment insurance
three-year period in
overtime pay
sufficient employers)
data does not publish
https://www.bls.gov/oes/
(UI) programs, or
all U.S. states and DC Publications include
by detailed
a wage estimate for
employed in rail
occupation
an occupation or a

Data also col ected in
average wages and
transportation
Puerto Rico, Guam,
selected percentiles of
geographic area
A FY2024 budget request and the U.S. Virgin
the wage distribution
proposes additional
Islands
funding to include
workers on farms
Agricultural Prevailing Wage
U.S. workers in place-
Surveys must include
Average hourly or piece-
Average wages in a
Required wage for
Surveys
specific crop or
wage reports from at
rate wages for U.S.
single crop activity or labor certification in
Conducted by state agencies, see
agricultural activities
least 30 U.S. workers
workers in a single crop
agricultural activity
the locally applicable
https://www.dol.gov/agencies/eta/
believed to receive
(unless there are
activity or agricultural
crop activity or
foreign-labor/wages/agriculture
higher pay than the
fewer) and at least
activity in a local
agricultural activity, if
applicable AEWR
five employers
geographic area
a prevailing wage is
(unless there are
estimated
fewer) to be used in
wage certification
CRS-22

Current Use in
Scale of Current
Wages or Earnings
Detail of Published
Labor
Source
Coverage
Data Collection
Measure
Estimates
Certification
Agricultural Resources
Farm and ranch
About 30,000 farm
None—survey col ects
Five regions, as well
Not currently used
Management Survey (ARMS)
operators
and ranch operators
data on labor expenses
as the 15 states with
Conducted by NASS,
in the continental
per farm
the greatest
https://www.nass.usda.gov/Surveys/
United States
agricultural sales
Guide_to_NASS_Surveys/
receipts
Ag_Resource_Management/
The American Community
People who reside in the
295,000 addresses
Total wages earned in
Median annual
Not currently used
Survey (ACS)
United States and have
per month in the
the past 12 months from
earnings by main
Conducted by the Census Bureau,
been (or wil be) living in
United States, as well
all jobs
occupation in the
https://www.census.gov/programs-
the surveyed household
as 36,000 addresses
United States
surveys/acs
for at least two months
per year in Puerto
Rico.
The Current Population Survey
People who reside in the
60,000 households
Usual weekly earnings on Median usual weekly
Not currently used
(CPS)
surveyed household
per month in the
main job (or hourly
earnings by
Conducted by the Census Bureau in
United States
wages multiplied by usual
occupation in main
coordination with BLS,
weekly hours), including
job in the United
https://www.bls.gov/cps/
overtime pay,
States
commissions, or tips
usually received
The Quarterly Census of
Employers covered by
Quarterly reports
Total compensation paid
Average weekly
Not currently used
Employment and Wages
UI, including larger farms
from all employers
to all employees
wages by detailed
(QCEW)
and larger farm labor
covered by UI
Components vary by
industry are
Conducted by BLS,
contractors
state, but generally
published for every
https://www.bls.gov/cew/
Workers in the United
include wages and
quarter at the county
level

States on H-2A visas are
salaries, bonuses, the
not covered by UI
cash value of meals and
lodging, and employee
contributions toward
employer-provided
benefits
CRS-23

Current Use in
Scale of Current
Wages or Earnings
Detail of Published
Labor
Source
Coverage
Data Collection
Measure
Estimates
Certification
The National Agricultural
U.S. field workers active
1,500 to 3,600 field
Average hourly earnings
Average earnings in
Not currently used
Workers Survey (NAWS)
in crop production in the
workers over a two-
at current farm job
this survey are
Funded by the Employment and
contiguous 48 states
year period
published periodically
Training Administration,
for U.S. regions and
https://www.dol.gov/agencies/eta/
California
national-agricultural-workers-survey
Source: CRS compilation based on the sources cited in the table.
a. The Big Six agricultural occupations are “Graders and Sorters, Agricultural Products”; “Agricultural Equipment Operators”; “Farmworkers and Laborers, Crop,
Nursery, and Greenhouse”; “Farmworkers, Farm, Ranch, and Aquacultural Animals”; “Packers and Packagers, Hand”; and “Agricultural Workers, All Other.”
CRS-24

Measuring Wages in the Agricultural Sector for the H-2A Visa Program

Author Information

Elizabeth Weber Handwerker

Analyst in Labor Policy

Acknowledgments
Sylvia Bryan, CRS Research Assistant, provided research assistance for this report. Mari Lee, CRS Visual
Information Specialist, produced the graphic presented in Figure 1. Amber Wilhelm provided additional
graphical assistance.

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in
its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or
material from a third party, you may need to obtain the permission of the copyright holder if you wish to
copy or otherwise use copyrighted material.

Congressional Research Service
R47944 · VERSION 1 · NEW
25