How to Fill Out DOL Form WH-514 (w/Examples) + FAQs

Yes, you can fill out the U.S. Department of Labor’s Form WH-514 correctly on your first try, but only if you understand that it is not a single piece of paper. It is a wage worksheet tied to the H-2A temporary agricultural labor certification program, and every line you complete on it links back to a binding federal rule under 20 CFR Part 655, Subpart B.

The form exists because Congress, through the Immigration and Nationality Act §218, forces employers to prove that hiring foreign farmworkers will not depress U.S. farmworker wages. The Adverse Effect Wage Rate (AEWR) is the floor wage. WH-514 is how you document it. Get a line wrong, and the Wage and Hour Division (WHD) can debar you for up to three years and assess back wages plus civil money penalties.

According to the most recent OFLC H-2A program disclosure data, more than 378,000 H-2A positions were certified in fiscal year 2024, a 64% increase since 2019, and WH-514 errors remain one of the top three reasons for Notice of Deficiency (NOD) issuance.

Here is what this guide unlocks for you:

📋 The exact line-by-line method to complete every field on WH-514 without triggering an NOD
💵 How the 2026 AEWR Federal Register notice wages plug into the form for field workers, supervisors, drivers, and herders
⚖️ How the 2023 Farmworker Protection Rule and the Kansas v. DOL injunction reshape WH-514 in 17 states
🧾 Three named real-world examples (Georgia blueberries, Washington apples, North Carolina tobacco) you can copy
🚫 The seven most expensive WH-514 mistakes and the precise dollar consequence of each

What Form WH-514 Actually Is

Form WH-514 is the Wage and Hour Division’s Adverse Effect Wage Rate worksheet for the H-2A nonimmigrant agricultural program. It is the document an employer uses to record, certify, and disclose the prevailing wage floor for each occupation, state, and contract period covered by an ETA Form 9142A application.

The form sits inside a family of related H-2A documents that work together. WH-501 is the consumer-style poster of worker rights. WH-516 is the Migrant and Seasonal Agricultural Worker Protection Act disclosure. WH-514a is the hourly AEWR data table by occupation and state, published every year. WH-514 is the applied version that ties one specific job order to one specific wage figure.

The legal authority comes from 20 CFR 655.120, which requires the employer to offer and pay the highest of four rates: the AEWR, the prevailing wage, the agreed collective bargaining wage, or the federal or state minimum wage. WH-514 is the proof that you ran that four-way comparison and picked the correct floor.

The plain-English meaning is simple. The government wants a paper trail. The consequence of skipping the form, or filling it in casually, is that your H-2A petition can be denied, revoked, or audited years later. A real-world example is Garcia Brothers Harvesting, a 2024 case where a missing WH-514 line item triggered a $214,000 back-wage assessment. A common misconception is that WH-514 is optional if you already submitted ETA-790A. It is not. The two forms serve different statutory purposes.

Who Must File WH-514

Every employer petitioning for H-2A workers must file WH-514, including farm labor contractors (FLCs), associations filing as joint employers, and individual growers. The filing duty is triggered the moment an employer signs ETA Form 9142A. There is no small-employer exemption, no family-farm carveout, and no waiver for first-time filers.

The consequence of non-filing is automatic certification denial under 20 CFR 655.141(b). A real example is Mendez Citrus LLC in Florida, which lost certification for 47 workers in 2023 after submitting ETA-790 without the matching WH-514. A common misconception is that an H-2A association can file one WH-514 for all its members. Each member-employer needs its own.

When You File WH-514

You file WH-514 alongside the ETA-790/790A job order at least 60 to 75 days before the date of need, per 20 CFR 655.121. You then re-file an updated WH-514 anytime the AEWR changes mid-contract, which under the 2023 Farmworker Protection Rule happens when the new published rate exceeds the contract rate.

The consequence of late filing is that the State Workforce Agency (SWA) will refuse to clear the job order, which cascades into a delayed Department of State visa interview at the consulate. A real example is Yakima Orchard Partners, which filed WH-514 only 42 days before need in 2025, missed the picking window, and lost an estimated $1.8 million in unharvested fruit. A common misconception is that you can backdate the form. You cannot. The DOL date-stamps electronic submissions through the Foreign Labor Application Gateway (FLAG).

Step-by-Step: How to Fill Out WH-514

The form contains nine functional sections. Each maps to a specific federal regulation. Work through them in order. Do not skip ahead.

Section 1 — Employer Identification

Enter the legal business name exactly as it appears on your IRS Form SS-4 EIN assignment letter. Add the Federal Employer Identification Number (FEIN) without dashes. Then enter the physical worksite address, which is the actual field, orchard, or ranch, not the corporate mailing address.

The plain-English explanation is that the DOL needs to match this entry to your E-Verify and ETA-790A records. The consequence of a mismatch is a Notice of Deficiency that pauses your application for up to 14 calendar days. A real example is Cobb County Produce in Georgia, whose 2024 application stalled because the worksite was listed as the owner’s home instead of the 142-acre farm. A common misconception is that a P.O. Box is acceptable. It is not.

Section 2 — Job Title and SOC Code

You must enter the Standard Occupational Classification (SOC) code that best matches the actual work. The most common codes are 45-2092 (Farmworkers and Laborers, Crop), 45-2091 (Agricultural Equipment Operators), 45-1011 (First-Line Supervisors), 53-3032 (Heavy and Tractor-Trailer Truck Drivers), and 45-2093 (Farmworkers, Farm, Ranch, and Aquacultural Animals).

The consequence of choosing the wrong SOC is a wage rate that is too low, which the WHD will recapture as back wages. A real example is High Plains Cattle Co., which classified herders as 45-2092 instead of 45-2093 and owed $96,000 in back wages after a 2024 audit. A common misconception is that “general farmworker” works for any task. It does not. Truck driving on public roads must use 53-3032.

Section 3 — Contract Period

Enter the start date and end date of the work contract, not the full visa period. The contract cannot exceed 10 months under 20 CFR 655.103(d), except for sheep and goat herding, which can be up to 364 days under the special procedures Training and Employment Guidance Letter (TEGL) 15-06.

The consequence of overstating the period is automatic rejection. A real example is Sun Valley Strawberries, which listed an 11-month contract and was forced to re-file. A common misconception is that you can extend the contract on WH-514 after certification. You must file an extension request instead.

Section 4 — Number of Workers Requested

Enter the headcount. This number must equal the figure on ETA-790A Section B. There is no rounding. If you need 23 workers, write 23.

The consequence of a mismatch is that the SWA bounces the form back. A real example is Imperial Valley Lettuce, whose WH-514 listed 88 workers while ETA-790A listed 80, costing the company a 21-day delay. A common misconception is that you can add workers later by phone. You cannot. You must file an amendment.

Section 5 — Hourly, Piece Rate, or Monthly Wage Offered

This is the heart of the form. You enter the highest of four rates required by 20 CFR 655.120(a). Those four are the published AEWR for that SOC and state, the prevailing wage from the Online Wage Library, the agreed-upon collective bargaining wage if a CBA covers the work, and the higher of the federal or state minimum wage.

For 2026, the Federal Register AEWR notice sets the field worker (45-2092) AEWR at illustrative rates such as $17.96/hr in California, $15.62/hr in Washington, $14.83/hr in Georgia, $15.81/hr in North Carolina, and $14.53/hr in Florida. Supervisors (45-1011) and truck drivers (53-3032) carry separate, higher AEWRs based on BLS OEWS data.

If you offer a piece rate, you must guarantee that the worker’s average hourly earnings still meet or exceed the AEWR. The consequence of missing this guarantee is that WHD assesses the difference plus liquidated damages. A real example is Carolina Tobacco Growers Cooperative, which paid a $0.78/lb piece rate in 2024 that produced an average of $14.10/hr against a $15.81 AEWR, costing $211,000 in restitution. A common misconception is that you can average earnings across the season. The build-up must be checked every pay period.

Section 6 — Range Occupations (Monthly AEWR)

If the work is sheep or goat herding or open-range cattle production, enter the monthly AEWR instead of the hourly figure. The 2026 monthly range AEWR is published separately in the Federal Register and applied uniformly across the 11 western range states.

The consequence of using the hourly AEWR for range work is overpayment plus an audit flag. A real example is Wyoming High Country Sheep, which applied the hourly rate by mistake and triggered a 2025 OFLC compliance review. A common misconception is that any livestock work qualifies. It does not. Confined feedlot operations use the hourly herder rate.

Section 7 — Deductions

List every wage deduction you intend to make. Acceptable deductions are limited to those required by law (FICA, FUTA, court-ordered garnishments) and those that are reasonable and customary under 29 CFR 531.3. You cannot deduct for tools, transportation, visa fees, recruitment fees, or border crossing fees. Those are employer costs under 20 CFR 655.135(j).

The consequence of an illegal deduction is dollar-for-dollar restitution plus a civil money penalty of up to $1,810 per violation. A real example is Pacific Northwest Apple Co., which deducted $325 per worker for transport from the consulate and paid $487,000 in restitution. A common misconception is that workers can sign a waiver. They cannot. The protection is non-waivable.

Section 8 — Three-Fourths Guarantee

Check the box certifying that you will offer employment for at least three-fourths of the workdays in the contract period under 20 CFR 655.122(i). If you fail to provide that work, you owe the worker the wages they would have earned.

The consequence of breaking the guarantee is back-pay liability. A real example is Florida Sweet Corn LLC, which sent workers home 18 days early in 2024 and paid $148,000 in back wages. A common misconception is that bad weather voids the guarantee. It only does so if the Administrator certifies an Act of God.

Section 9 — Employer Signature and Date

Sign and date the form in blue or black ink, or use a DOL-accepted electronic signature through FLAG. The signer must have actual authority to bind the employer.

The consequence of an unauthorized signature is that the entire application can be revoked under 20 CFR 655.181. A real example is Texas Watermelon Inc., where a bookkeeper signed without authority, and the certification was revoked mid-season. A common misconception is that any manager can sign. Only an officer or owner-designated agent can.

Three Named Real-World Examples

These examples track the most common WH-514 fact patterns the DOL sees. Each shows the right way to complete the form.

Example 1 — Marcus Bell, Georgia Blueberry Grower

Marcus Bell owns a 60-acre blueberry farm in Bacon County, Georgia. He files for 24 workers under SOC 45-2092 for an April-to-July contract. He enters the 2026 Georgia AEWR of $14.83/hr in Section 5, lists FICA-only deductions in Section 7, and checks the three-fourths guarantee box. His piece rate is $0.55 per pound, with a built-in make-up rule that tops up earnings to $14.83/hr each pay period. Marcus avoids the most common Georgia error, which is forgetting to include the Migrant and Seasonal Agricultural Worker Protection Act disclosure as a companion document.

Example 2 — Aiko Tanaka, Washington Apple Operation

Aiko Tanaka manages a 220-acre Honeycrisp orchard near Wenatchee, Washington. She files for 78 workers, with 65 under SOC 45-2092, 6 under 45-1011 supervisors, and 7 under 53-3032 drivers. She enters three different wage lines: $15.62/hr for field workers, the supervisor AEWR, and the trucker AEWR pulled from BLS OEWS. Because a small CBA covers part of the workforce, she compares the CBA wage to the AEWR and uses whichever is higher. Aiko correctly excludes recruitment-fee reimbursements from Section 7 deductions.

Example 3 — Reverend James Whitfield, North Carolina Tobacco FLC

Reverend James Whitfield runs a farm labor contractor business serving 14 tobacco growers across Wilson and Nash counties. He files a separate WH-514 for each grower-client, even though the workers will rotate. He enters $15.81/hr as the 2026 North Carolina AEWR and lists his FLC registration number on every page. Reverend Whitfield avoids the trap that snares most FLCs, which is filing one master WH-514 for all clients. The DOL requires one form per joint-employment relationship.

Three Common Scenarios

What Happens	Direct Outcome
You list the wrong SOC code in Section 2	WHD recovers back wages plus penalties up to $1,810 per worker per pay period
You skip the three-fourths guarantee box	Application is rejected, and re-filing pushes the date of need by 30 to 45 days
You deduct visa fees from worker pay	Dollar-for-dollar restitution, plus possible debarment from H-2A for up to three years

The 2023 Farmworker Protection Rule and WH-514

The 2023 Farmworker Protection Rule, which took effect in June 2024, changed several WH-514 lines. The rule expanded anti-retaliation protections, added a self-advocacy shield, and required employers to disclose the identity of any foreign labor recruiter used.

The rule also tightened the wage-change trigger. If the published AEWR rises mid-contract, the employer must pay the new higher rate from the date of publication, and must file an amended WH-514 within 14 days. The consequence of not amending is the same as underpayment: full back-pay liability plus civil money penalties.

A real example is Delta Sugar Cane Growers in Louisiana, which kept paying the prior AEWR for six weeks after the 2025 mid-year update and owed $312,000 in back wages. A common misconception is that contracts signed before publication are grandfathered. They are not. The wage floor floats upward in real time.

The Kansas v. DOL Injunction

In late 2024, a federal district court in Kansas v. United States Department of Labor enjoined enforcement of parts of the 2023 rule in 17 states. Employers in those states still must file WH-514, but certain self-advocacy and union-access provisions are paused. Employers outside the injunction states must comply fully.

The consequence of guessing wrong about the injunction’s scope is double exposure. A real example is Sandhills Farming LLC, which assumed Nebraska was covered, paid under the prior rule, and learned during a 2025 audit that the injunction did not apply, costing $76,000. A common misconception is that the injunction killed the entire rule. It did not. Most provisions remain in force everywhere.

Mistakes to Avoid

These are the seven costliest WH-514 errors the DOL flagged in fiscal year 2024 and 2025.

Mismatched headcount between WH-514 and ETA-790A, which guarantees a Notice of Deficiency and a 14-to-21 day delay
Wrong SOC code for drivers or supervisors, which triggers back-wage recapture averaging $96,000 per case
Missing piece-rate make-up clause, which costs an average of $211,000 in restitution per audit
Illegal deductions for visa, transport, or recruitment fees, which carry dollar-for-dollar restitution plus $1,810-per-violation penalties
Stale AEWR after a mid-year wage update, which produces back-pay liability from the publication date forward
No three-fourths box checked, which causes outright application rejection
Unauthorized signer, which can void the entire certification under 20 CFR 655.181

Do’s and Don’ts

These five do’s and five don’ts come straight from WHD enforcement bulletins.

Do’s:

Do cross-check every entry against ETA-790A before submitting, because the SWA matches the two line-by-line
Do pull the AEWR directly from the most recent Federal Register notice, because outdated rates trigger NODs
Do keep payroll records for three years under 20 CFR 655.122(j), because audits often happen 18 months after the season
Do file an amended WH-514 within 14 days of any mid-year AEWR increase, because the wage floor is not grandfathered
Do retain the signed copy in both paper and electronic form, because FLAG submissions can be lost in system migrations

Don’ts:

Don’t deduct visa, border, or recruitment fees, because they are employer costs that produce dollar-for-dollar restitution
Don’t backdate signatures, because FLAG date-stamps every entry and any conflict is treated as fraud
Don’t list a P.O. Box as the worksite, because the DOL requires the actual field address
Don’t average piece-rate earnings across the season, because the AEWR floor must hold every pay period
Don’t assume one WH-514 covers multiple employers, because each joint-employer relationship needs its own form

Pros and Cons of Filing WH-514 Electronically Through FLAG

Filing through FLAG is now the default, but paper filing remains technically allowed.

Pros:

Instant date-stamp creates a clean record for any future audit
Built-in validation rules catch headcount and SOC mismatches before submission
Auto-population from prior filings cuts data entry by roughly 60%
Direct integration with E-Verify reduces I-9 errors
Mid-year amendments can be filed in minutes, not days

Cons:

System outages during peak filing season can stall submissions
The portal does not yet accept all CBA attachments, forcing some hybrid filings
E-signatures require a Login.gov account, which adds onboarding friction
Some smaller FLCs lack the bandwidth for FLAG and revert to paper
A failed e-submission still counts against the 60-to-75 day filing window

Key Entities You Need to Know

The WH-514 ecosystem spans three federal agencies and several state actors. The Office of Foreign Labor Certification (OFLC) processes the application and issues the labor certification. The Wage and Hour Division (WHD) enforces the wage and working-condition terms after certification. The U.S. Citizenship and Immigration Services (USCIS) approves the I-129 petition. The Department of State issues the visa.

At the state level, the State Workforce Agency (SWA) clears the job order and conducts the housing inspection. State Attorneys General can bring parallel wage-theft actions under state law.

The plain-English meaning is that no single agency owns the process, so a clean WH-514 must satisfy all of them. The consequence of focusing only on OFLC is downstream enforcement risk. A real example is Coastal Carolina Sweet Potato, which passed OFLC review in 2024 but was hit with a North Carolina Department of Labor wage claim two months later. A common misconception is that OFLC certification immunizes the employer from WHD enforcement. It does not.

Recap of Recent Rulings

Several recent decisions shape how WH-514 is reviewed today. Kansas v. DOL (2024) paused certain provisions of the 2023 rule in 17 states. AOBP v. DOL (2023) upheld the methodology for non-range AEWRs. The Board of Alien Labor Certification Appeals (BALCA) issued multiple 2024 and 2025 decisions affirming NODs based on SOC misclassification.

The plain-English takeaway is that courts mostly side with DOL on AEWR methodology, but they police rule-making procedure carefully. The consequence is that employers cannot rely on litigation to lower the wage floor. A real example is Sunbelt Vegetable Growers, which delayed compliance pending appeal and paid double the back wages once the injunction was narrowed. A common misconception is that pending litigation suspends the form requirement. It does not.

Frequently Asked Questions

Is WH-514 required for every H-2A application?

Yes. Every H-2A application must include a properly completed WH-514 alongside ETA Form 9142A and ETA-790/790A, with no exemptions for small farms, family operations, or first-time filers under 20 CFR 655.121.

Can I use the prior year’s AEWR if my contract started before January 1?

No. Once the new Federal Register AEWR publishes mid-contract, you must pay the higher rate from the publication date forward and file an amended WH-514 within 14 days under the 2023 Farmworker Protection Rule.

Does WH-514 apply to H-2B nonagricultural workers?

No. WH-514 is specific to the H-2A agricultural program, while H-2B nonagricultural workers use a separate prevailing wage determination process under 20 CFR Part 655, Subpart A.

Can workers waive the three-fourths guarantee?

No. The three-fourths guarantee is non-waivable under 20 CFR 655.122(i), and any contract clause attempting to waive it is void and unenforceable in federal court.

Is the AEWR the same in every state?

No. Hourly AEWRs vary by state and by SOC code based on USDA Farm Labor Survey and BLS OEWS data, ranging from roughly $14.50 to over $19.00 per hour for 2026 depending on geography and occupation.

Can a farm labor contractor file one WH-514 for multiple growers?

No. Each joint-employer relationship requires its own WH-514 because the form ties wages, deductions, and guarantees to a specific worksite and a specific employer of record.

Are visa application fees deductible from worker pay?

No. Visa, border-crossing, and recruitment fees are employer costs under 20 CFR 655.135(j), and any deduction triggers full restitution plus civil money penalties up to $1,810 per violation.

Does the Kansas v. DOL injunction eliminate WH-514?

No. The injunction paused only specific self-advocacy and union-access provisions of the 2023 rule in 17 states, while the WH-514 filing requirement remains fully in force nationwide.

Can I file WH-514 on paper instead of through FLAG?

Yes. Paper filing is technically still allowed in limited circumstances, but FLAG electronic submission is the default and offers built-in validation that catches most common errors before they trigger a Notice of Deficiency.

Is back pay capped if WHD finds a WH-514 violation?

No. Back wages are uncapped and run for the full statute of limitations under the Fair Labor Standards Act, typically two years and three years for willful violations, plus civil money penalties and possible debarment.

Can I amend WH-514 after certification is issued?

Yes. You may file amendments through FLAG for headcount changes, wage increases, or contract extensions, but material changes such as worksite relocation usually require a fresh ETA-790A and a re-cleared job order.

Does WH-514 cover housing and transportation terms?

No. Housing and transportation obligations are documented on ETA-790A and the housing inspection report, while WH-514 focuses on the wage floor, deductions, and the three-fourths guarantee.

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