Trump Administration Welcomes Clarification on H-2A Eligibility for Dairy Operations

(Washington, D.C., June 17, 2026) - The U.S. Department of Agriculture today welcomed new guidance from the U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor clarifying that dairy operations may use the H-2A temporary agricultural worker program when they can demonstrate a qualifying temporary or seasonal labor need under existing law.

The policy memorandum provides additional clarity regarding 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.

The guidance clarifies that dairying is an agricultural activity eligible for consideration under the H-2A program and recognizes that dairy operations may experience temporary or seasonal labor needs that qualify for H-2A employment. It also confirms that employers seeking H-2A workers for dairy-related positions may use existing H-2A procedures and requirements.

For many dairy farmers, labor availability remains a significant challenge. The clarification provides additional certainty regarding the circumstances under which dairy operations may access the H-2A program while maintaining existing protections for U.S. workers and ensuring compliance with applicable federal law.

Additional information on the DHS policy memorandum is available through U.S. Citizenship and Immigration Services.

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