[Code of Federal Regulations]
[Title 20, Volume 3]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR655.107]

[Page 484]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
 CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 655_TEMPORARY EMPLOYMENT OF ALIENS IN THE UNITED STATES
--Table of Contents
 
    Subpart B_Labor Certification Process for Temporary Agricultural 
             Employment in the United States (H	2A Workers)
 
Sec. 655.107  Adverse effect wage rates (AEWRs).

    (a) Computation and publication of AEWRs. Except as otherwise 
provided in this section, the AEWRs for all agricultural employment 
(except for those occupations deemed inappropriate under the special 
circumstances provisions of Sec. 655.93 of this part) for which 
temporary alien agricultural labor certification is being sought shall 
be equal to the annual weighted average hourly wage rate for field and 
livestock workers (combined) for the region as published annually by the 
U.S. Department of Agriculture (USDA) based on the USDA quarterly wage 
survey. The Director shall publish, at least once in each calendar year, 
on a date or dates to be determined by the Director, AEWRs for each 
State (for which USDA publishes regional data), calculated pursuant to 
this paragraph (a) as a notice or notices in the Federal Register.
    (b) Higher prevailing wage rates. If, as the result of a State 
agency prevailing wage survey determination, the prevailing wage rate in 
an area and agricultural activity (as determined by the State agency 
survey and verified by the Director) is found to be higher that the AEWR 
computed pursuant to paragraph (a) of this section, the higher 
prevailing wage rate shall be offered and paid to all workers by 
employers seeking temporary alien agricultural labor certification for 
that agricultural activity and area.
    (c) Federal minimum wage rate. In no event shall an AEWR computed 
pursuant to this section be lower than the hourly wage rate published in 
29 U.S.C. 206(a)(1) and currently in effect.

[52 FR 20507, June 1, 1987, as amended at 54 FR 28046, July 5, 1989]