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agreement is extended and whether any modifications
are proposed, AmericanHort will continue championing
the essential role USMCA plays in keeping our industry
competitive and resilient.
In support of the letter, AmericanHort President & CEO
Ken Fisher stated, "The USMCA has played a vital role in
strengthening North American horticulture by ensuring
that essential inputs move freely across our borders and
giving growers the predictability they need to operate with
confidence. As the agreement enters its formal review, it is
critical that policymakers maintain the duty-free, integrated
framework that has allowed the horticulture sector to
thrive. Protecting these benefits is key to preserving the
stability, affordability, and economic vitality that USMCA
provides to our industry.”
AmericanHort will continue engaging with Congress
and the administration throughout the review to ensure This rule has significant implications for greenhouse,
horticulture’s interests remain front and center. nursery, and floriculture operations that rely on H-2A
workers to meet seasonal labor needs. The comment
Kamron Newberry and Matt Mika
process provides a critical opportunity for the horticulture
industry to highlight how proposed changes may affect
DOL H-2A Interim Final Rule Comments Due cost structures, workforce stability, and long-term business
December 1 planning.
The public comment period for the Department of Labor The United Farm Workers (UFW) is suing the Trump
(DOL)’s Interim Final Rule (IFR) governing key components administration over this rule saying that the rule will result
of the H-2A program, including wage methodology, worker in lower wages for foreign ag labor. The lawsuit says the
protections, and employer obligations closed on Monday, Labor Department's interim final rule undermines the
December 1. intent of having adverse effect wage rates and will harm
domestic workers. AmericanHort will continue to monitor
The IFR revises the wage methodology for determining the
this lawsuit.
Adverse Effect Wage Rate (AEWR). This rule was issued
quickly in response to recent litigation that vacated the AmericanHort submitted comments commending
2023 wage rule and the USDA's termination of the Farm Secretary Chavez-DeRemer and DOL, USDA, and the
Labor Survey (FLS), which had previously determined Trump Administration for putting this rule forward, and
AEWR rates. The new methodology now relies on the for listening to AmericanHort members and our growers
Occupational Employment Wage Statistics (OEWS) survey, on the high costs and burdensome regulations associated
a three-year running average updated annually in July, and with the AEWR and H-2A programs. We encourage
a state’s minimum wage. AmericanHort members to file comments, and if you plan
A key feature of the rule is the introduction of two to submit comments, please let us know and consider
wage levels: Level 1 for entry-level positions requiring sharing a copy with AmericanHort. This helps strengthen
less than 2-3 months of experience and no supervisory our advocacy, ensure consistent messaging, and
duties, and Level 2 for jobs with higher experience or demonstrate broad industry engagement to policymakers.
certification requirements. The wage level is determined AmericanHort members may access additional information
by the job order's requirements, not the individual and follow ongoing issues on americanhort.org. If you
worker's experience or skills. Employers should be precise are not a member, please consider becoming one as your
in documenting job duties to ensure correct wage voice matters nationally and locally.
assignment. Rachel Pick and Matt Mika
Membership Matters • WINTER 2025 57

