The Employment and Training Administration (ETA) of the Department of Labor (DOL) has announced the 2004 adverse effect wage rates for employers wishing to bring nonimmigrant alien workers for temporary or seasonal agricultural labor or services and logging (H-2A) in the United States. These wages may be affected or levied, based on whether the employer provides three meals a day for the employee, and whether there is a allowable travel subsistence reimbursement for the employee.

Adverse effect wages are the minimum wage rates that must be offered for positions described under the H-2A visa regulations. An employer may not receive approval for an H-2A worker to perform agricultural labor or services of a temporary or seasonal nature unless the employer has received an H-2A labor certification from the DOL. This labor certification must show that there are not enough U.S. workers able, willing and qualified to fill the proposed positions; and that the wages offered will not adversely affect the wages and working conditions of U.S. workers in the same types of positions.

These new rates are effective March 3, 2004, and are listed as follows:

State Adverse Effect Rate
Alabama $7.88
Arizona 7.54
Arkansas 7.38
California 8.50
Colorado 8.36
Connecticut 9.01
Delaware 8.52
Florida 8.18
Georgia 7.88
Hawaii 9.60
Idaho 7.69
Illinois 9.00
Indiana 9.00
Iowa 9.28
Kansas 8.83
Kentucky 7.63
Louisiana 7.38
Maine 9.01
Maryland 8.52
Massachusetts 9.01
Michigan 9.11
Minnesota 9.11
Mississippi 7.38
Missouri 9.28
Montana 7.69
Nebraska 8.83
Nevada 8.36
New Hampshire 9.01
New Jersey 8.52
New Mexico 7.54
New York 9.01
North Carolina 8.06
North Dakota 8.83
Ohio 9.00
Oklahoma 7.73
Oregon 8.73
Pennsylvania 8.52
Rhode Island 9.01
South Carolina 7.88
South Dakota 8.83
Tennessee 7.63
Texas 7.73
Utah 8.36
Vermont 9.01
Virginia 8.06
Washington 8.73
West Virginia 7.63
Wisconsin 9.11
Wyoming 7.69

For more information about adverse effect rates, please contact: William Carlson, Chief, Division of Foreign Labor Certification, U.S. Department of Labor, Room C-4318, 200 Constitution Avenue, NW., Washington, DC 20210. T: 202-693-3010.

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