The NC Chamber, in partnership with more than 25 agricultural organizations from across the country, has filed an amicus brief in United Farm Workers, et al., v. U.S. Department of Labor, et al., a case currently pending in the U.S. District Court for the Eastern District of California. The national coalition’s brief supports the Adverse Effect Wage Rate (AEWR) methodology rule issued by the Trump administration’s Department of Labor (DOL) in October 2025. 

The underlying case involves a challenge to the Trump Administration’s efforts to address aspects of the temporary agricultural guestworker program that hurt American farmers, including how the AEWR is determined. 

The coalition’s brief urges the court to reject the Plaintiffs’ request, warning that the lawsuit seeks to block DOL’s rule nationwide and force the agency to abandon its existing wage framework in favor of an undefined new approach that could create significant uncertainty for agricultural employers nationwide and disrupt planning for the 2026 growing season. Thousands of farmers have already been assigned H-2A wage rates for 2026, calculated operating costs, secured capital to finance their operations, and begun hiring workers under wage rates approved by DOL. 

“The H-2A program plays a vital role in supporting agricultural production across the United States,” said Ray Starling, general counsel of the NC Chamber and president of the NC Chamber Legal Institute. “Employers need a system that provides reliable access to labor, delivers certainty for businesses and workers alike, and supports the production of safe, affordable, and domestically grown food for American families.” 

The Administration’s revised H-2A rule and updated AEWR calculation methodology is supported by the NC Chamber and its partners and reflects recommendations for reform outlined in independent economic research commissioned last year. Conducted by a former member of the White House Council of Economic Advisers, that research found the inflationary wage costs associated with H-2A participation had skyrocketed when compared to other major economic indices. The analysis concluded that using an AEWR that more closely reflects the economics of an agricultural industry that competes in a global market would better protect U.S. workers, support domestic food production, increase Americans’ consumption of domestically grown fruits and vegetables, create jobs, and strengthen rural economic growth. 

The amicus brief points out what the coalition believes are two flaws in the Plaintiffs’ request for sweeping, extraordinary relief.  First, the Plaintiffs have not met the legal requirements to establish “standing” to challenge the Department of Labor’s rule. The Plaintiffs’ claims rest entirely on speculation, not standing: no worker represented by the Plaintiff can show a real, present injury caused by the AEWR methodology enacted by DOL. Second, on the merits, the amicus argues the challenge fails because DOL acted within its statutory authority, replacing an unworkable system with a lawful, data-driven methodology that balances worker protections with the realities of American agriculture. The Plaintiffs want the AEWR to operate as an escalating one-way ratchet, rather than what the statute requires: a flexible, discretionary tool DOL may adjust to prevent adverse effect. 

“Over the last decade, access to the H-2A program has become the deciding factor in whether an increasing number of Pacific Northwest tree fruit farms remain in business year after year. At the same time, the increasing costs to comply with the terms and conditions of this program have only made that barrier to access higher and higher,” said Mark Powers, president of the Northwest Horticultural Council, a member of the coalition. “The Trump Administration’s rule to reform the AEWR methodology is a critical step toward realigning H-2A wage requirements with market conditions—giving our tree fruit growers who are still standing the chance they so desperately need to continue to farm another day. This rule is critical for not only our growers, but also the domestic farmworkers and rural communities that rely on their continued success.”

The H-2A program is a 40-year-old visa program that enables farmers to bring foreign workers into the U.S. on a temporary, seasonal basis to perform agricultural work only after the government confirms there are not enough American workers willing and available to fill the job.  At the end of the seasonal job with an American farmer, an H-2A worker returns to their home country. 

About the Coalition 

The H-2A reform coalition was formed by the NC Chamber in 2025 to challenge the status quo surrounding how the Adverse Effect Wage Rate (AEWR) is determined and to advocate for a more appropriate methodology. Informed by independent economic research published by the coalition in 2025, the coalition’s coordinated advocacy efforts have consistently emphasized the need for an approach that continues to meet the statute’s requirement to protect the U.S. workforce, while also allowing agricultural employers to remain competitive in local and global markets. 

The 2025 research, A Broken Baseline: The Flawed Economics Behind AEWR Calculations, found that the current AEWR methodology is disconnected from broader economic benchmarks and contributes to higher food prices, increased imports, and economic strain in rural communities, concluding that indexing AEWR to the Employment Cost Index would better protect U.S. workers while supporting domestic food production, job creation, and rural economic growth. 

Following the U.S. Department of Labor’s release of the Interim Final Rule (IFR), the coalition focused its efforts on maximizing engagement during the public comment period. While the IFR was generally viewed favorably by agricultural employers, the coalition played a key role in ensuring broad participation from a diverse set of stakeholders across the agricultural value chain. That work laid the groundwork for the coalition’s continued involvement as the rule faces legal challenge. 

Coalition Members:  

• Agriculture Workforce Management Association 

• American Farm Bureau Federation 

• AmericanHort 

• Baucom’s Nursery 

• Georgia Fruit & Vegetable Growers Association 

• Grower Shipper Association of Central California 

• International Fresh Produce Association 

• Metrolina Greenhouses 

• Michigan Asparagus Association  

• New York Farm Bureau 

• North American Blueberry Council 

• North Carolina Agribusiness Council 

• North Carolina Chamber 

• North Carolina Farm Bureau Federation 

• North Carolina Growers Association 

• North Carolina Sweetpotato Commission 

• Northwest Horticultural Council 

• National Council of Farmer Cooperatives 

• Texas Farm Bureau 

• Tobacco Associates 

• U.S. Apple Association 

• USA Farmers 

• Virginia Agricultural Growers Association 

• Virginia Farm Bureau 

• Washington State Tree Fruit Association 

• WAFLA 

• Western Growers Association