Adverse Effect Wage Rate Methodology for the Temporary Employment of H-2A Nonimmigrants in Non-Range Occupations in the United States

Dear Secretary Chavez-DeRemer: The Northwest Horticultural Council (NHC) writes today to provide comment regarding the U.S. Department of Labor's (DOL) Interim Final Rule (IFR), entitled "Adverse Effect Wage Rate (AEWR) Methodology for the Temporary Employment of H-2A Nonimmigrants in Non-Range Occupations in the United States," published in the U.S. Federal Register on October 2, 2025. The NHC represents the growers, packers, and shippers of apples, pears, and cherries in Washington, Oregon, and Idaho. Our growers produce 77 percent of the fresh apples (producing 68 percent of all apples grown in the U.S.), 87 percent of the fresh pears, and 68 percent of the fresh sweet cherries grown in the United States. The AEWR has been one of the primary drivers of the out-of-control labor cost increases faced by Pacific Northwest tree fruit growers over the last decade, with every year of continued inaction leading to the permanent loss of more and more multi-generation family-owned farms. As such, we agree with DOL's conclusion that the good cause exception is supported due to the "current widespread and novel economic hardship faced by the regulatory community." (90 Fed. Reg. 47920.) For years, farmers have faced a domestic labor shortage causing devastating economic losses. The impact of government-mandated "excessively high" wage rates creates a domino effect not only affecting labor costs, but global competitiveness and food costs. As such, we strongly commend DOL for the quick and definitive act to address this most significant threat to the continued U.S. production of apples, pears, and cherries prior to the beginning of the 2026 season. The entirety of the NHC's comments regarding the IFR are enclosed. Sincerely, Kate Tynan Senior Vice President Northwest Horticultural Council