(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]
