The U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor issued a policy memorandum that allows dairy operations to use the H-2A temporary agricultural worker program when they can demonstrate a qualifying temporary or seasonal labor need under existing law.
“The dairy industry has long sought access to the H-2A program, and this guidance will help open the door for dairies to begin using this program,” National Milk Producers Federation President and CEO Gregg Doud said in a statement.
The policy memorandum outlines how U.S. Citizenship and Immigration Services (USCIS) will evaluate H-2A petitions for dairy-related work. Under the guidance, dairy operations will be subject to the same statutory and regulatory standards applied to all H-2A employers, with petitions evaluated on a case-by-case basis based on the employer’s demonstrated temporary or seasonal need.
Previously, dairy farms were not eligible to use the H-2A program due to the year-round aspect of dairy farming. This guidance makes clear that dairying qualifies as an agricultural activity under the H-2A program and acknowledges that dairy operations can experience temporary or seasonal labor shortages that meet program eligibility requirements. It also confirms that employers seeking H-2A workers for dairy-related positions may use existing H-2A procedures and requirements.
“[This] announcement makes the H-2A temporary agricultural worker program a more viable tool for dairy producers, who have had no way to participate in a program designed primarily for seasonal agriculture,” said International Dairy Foods Association (IDFA) President and CEO Michael Dykes.
As labor availability continues to be a significant challenge in the dairy industry, this guidance provides certainty to producers on H-2A program utilization while maintaining existing protections for U.S. workers and ensuring compliance with applicable federal law.
“As a dairy farmer, this move is an encouraging milestone to have access to a visa program and address our labor force needs,” said Heidi Fischer, Edge Dairy Farmer Cooperative president.
She added, “It is promising to see this first step, and [we] encourage Congress to continue efforts on legislation needed for permanent solutions for the dairy workforce.”
