Federal guidance clarifies H-2A eligibility for dairy operations
The U.S. Department of Agriculture welcomed new guidance from the U.S. Department of Homeland Security 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 guidance on how U.S. Citizenship and Immigration Services will evaluate H-2A petitions involving dairy-related work. Under the policy, dairy operations will be subject to the same statutory and regulatory standards that apply to all H-2A employers.
According to the guidance, petitions will be evaluated on a case-by-case basis based on an employer’s demonstrated temporary or seasonal need for workers.
USDA said the clarification provides additional certainty for dairy producers facing labor availability challenges. The department said the guidance outlines the circumstances under which dairy operations may access the H-2A program while maintaining protections for United States workers and requiring compliance with federal law.
“Dairy farmers appreciate the new clarification released by the Trump administration outlining how dairy operations may use the H-2A agricultural worker program,” said National Milk Producers Federation President and CEO Gregg Doud in a statement. “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. We applaud secretaries Rollins and Mullin and acting secretary Sonderling for their proactive leadership on this issue and look forward to learning more about these important new changes.”
Lacey Vilhauer can be reached at 620-227-1871 or [email protected].
