USCIS Clarifies H-2A Eligibility for Dairy Operations in 2026: New Guidance Opens Door for Temporary & Seasonal Need in Year-Round Industry

USCIS clarifies H-2A eligibility for dairy operations in 2026

Washington D.C., 25 June 2026 — U.S. Citizenship and Immigration Services (USCIS) has issued important new policy guidance that expands access to the H-2A temporary agricultural worker visa program for dairy operations, addressing long-standing challenges faced by one of America’s most critical food production sectors.

The nine-page policy memorandum (PM-602-0200), titled “Guidance on Temporary or Seasonal Need for H-2A Petitions for Dairying,” was released on June 17, 2026, and is already in effect. It provides much-needed clarity for dairy farmers seeking to hire foreign agricultural workers under the H-2A program.

Key Takeaways from the New USCIS H-2A Guidance

• Dairy Operations Can Qualify: Certain dairy farms may now use the H-2A program by demonstrating a temporary or seasonal need, even though dairying is traditionally viewed as a year-round industry.

• Totality of Circumstances Test: Eligibility will be assessed based on the overall nature of the employer’s labor need rather than the industry’s general operating pattern.

• Congressional Intent Reinforced: The guidance emphasises that Congress intended agricultural labor (as defined in the Internal Revenue Code and Fair Labor Standards Act) to be eligible for H-2A.

• Protections Maintained: The memorandum stresses that U.S. workers must still be protected, and employers must meet all existing H-2A requirements, including recruitment and wage obligations.

• No Immediate Filing Changes: Employers should continue using current forms and procedures, but can reference the new guidance when preparing petitions.

The U.S. Department of Agriculture (USDA) welcomed the clarification, noting it provides “additional certainty” for the dairy industry while maintaining safeguards for American workers.

Why This Guidance Matters for the Dairy Industry

Dairy farming faces unique labour challenges:

• Continuous 24/7 operations with strict animal welfare requirements

• Seasonal peaks during calving, harvesting feed, and processing periods

• Chronic difficulty recruiting and retaining domestic workers for physically demanding, year-round roles

The new policy allows dairy operators to demonstrate temporary or seasonal spikes in labour needs (e.g., during peak milking seasons, equipment maintenance, or weather-related events), making the H-2A program more practical for this sector.

Practical Implications for Employers

Positive Developments:

• Greater flexibility for dairy farms to address labour shortages legally

• Reduced uncertainty when filing H-2A petitions

• Potential to stabilise workforce planning in a critical food production industry

Compliance Requirements Remain Strict:

• Employers must still conduct recruitment of U.S. workers

• Prevailing wage standards and housing requirements apply

• Detailed record-keeping and reporting obligations continue

Next Steps for Dairy Employers

1. Review the Full Memorandum (PM-602-0200) on the USCIS website

2. Assess Labour Needs using the “totality of circumstances” framework

3. Prepare Strong Petitions with clear evidence of temporary or seasonal demand

4. Consult Immigration Counsel to ensure full compliance with all H-2A rules

5. Monitor for Further Guidance as USCIS implements the new policy

For the latest US H-2A visa updates, dairy industry immigration guidance, work permit news, and 2026 agriculture visa developments, visit: visasupdate.com/blog/categories/usa