USCIS Issues New Guidance Confirming H-2A Visa Eligibility for Dairy Workers
On June 17, 2026, USCIS issued Policy Memorandum PM-602-0200 clarifying that H-2A petitions may cover workers in the dairy sector where the employer’s need is temporary or seasonal. Historically, the dairy industry faced questions about whether milking and dairy operations qualified for H-2A, a program designed for temporary or seasonal agricultural labor. The memo confirms that, for purposes of H-2A eligibility, dairying is included in the definition of agricultural labor and that the employer’s temporary or seasonal need governs eligibility. This is a significant step for dairy farmers facing labor shortages and for workers seeking opportunities in U.S. agriculture. The guidance is a clarifying update rather than a new regulation and requires careful documentation of temporary or seasonal need to obtain approvals under the H-2A program. Employers should work with counsel to prepare petitions that reflect temporary labor needs and the seasonal nature of dairy work, rather than treating the dairy industry as permanently ineligible for H-2A.
Source: https://www.uscis.gov/sites/default/files/document/policy-alerts/PM-602-0200-H2APetitionsForDairying-20260617.pdf
What This Means for You (practical guidance will be found in the separate section below): dairy operations may sponsor foreign workers under H-2A if needs are temporary or seasonal; proper documentation and case-by-case adjudication are essential.