US Clarifies H-2A Visa Eligibility for Dairy Operations

The United States Department of Agriculture (USDA) has welcomed a recent clarification from the Department of Homeland Security (DHS) and the Department of Labor regarding the use of the H-2A temporary agricultural worker program by dairy operations. This guidance was announced on June 17, 2026, and confirms that dairy operations can qualify for the H-2A program when they demonstrate a temporary or seasonal labor need.

The policy memorandum outlines how the U.S. Citizenship and Immigration Services (USCIS) will assess H-2A petitions from dairy-related businesses. According to the guidance, dairy operations will be evaluated using the same legal and regulatory criteria as all other H-2A employers. Each petition will be considered individually, based on the employer's demonstrated need for temporary or seasonal labor.

This development officially recognizes dairying as an agricultural activity eligible under the H-2A program. It also allows dairy farmers to use existing H-2A procedures and requirements to hire foreign labor when necessary. The clarification provides additional certainty for dairy farmers who have faced challenges in labor availability, ensuring they can access the H-2A program under specified circumstances.

Additionally, the guidance emphasizes compliance with federal laws and maintains protections for U.S. workers. For further details, interested parties are directed to the U.S. Citizenship and Immigration Services for more information on the DHS policy memorandum.