Dairy Companies Can Now Apply for H-2A Temporary Agricultural Worker Visas

The Department of Homeland Security and the Department of Labor have issued new guidance clarifying that dairy businesses nationwide can employ foreign nationals through the H-2A temporary visa program.

The H-2A Temporary Agricultural Worker program issues visas to applicants performing temporary or seasonal agricultural work in the United States. However, this posed challenges to dairy farmers.

“Unlike most other agricultural production, there is no ‘season’ in dairy production,” Harold Howrigan, from the National Milk Producers Federation, said during a February 2025 Senate hearing.

“Unfortunately, this nation’s single agricultural visa program, the H-2A program, focuses on a seasonal or temporary need for workers, and excludes dairy farms with year-round needs from participation.”

Per the latest guidance, dairy operations can hire workers under the H-2A program provided “they can demonstrate a qualifying temporary or seasonal labor need under existing law,” the U.S. Department of Agriculture (USDA) said in a June 17 statement.

A dairy operation seeking H-2A visas will be evaluated on a case-by-case basis, depending on labor requirements.

“For many dairy farmers, labor availability remains a significant challenge,” the USDA said. “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.”

According to a June 17 update from U.S. Citizenship and Immigration Services (USCIS), to qualify for H-2A visas, an employer must show that there are not enough workers in the United States who are able, qualified, willing, and available to perform the temporary work.

The employer should also demonstrate that hiring workers under the H-2A program will not adversely affect the working conditions and wages of similarly employed Americans.

The maximum period of stay for an employee under H-2A is three years. Once the work period expires, the worker must depart the United States and remain outside the United States for at least 60 days continuously before being able to apply again.

To get a worker qualified for a new 3-year H-2A visa, the petitioning employer “must provide evidence documenting the worker’s relevant absence(s) from the United States, such as, but not limited to, arrival and departure records, copies of tax returns, and records of employment abroad,” USCIS said.

Addressing Labor Shortage

The American Farm Bureau Federation (AFBF) applauded the latest guidance regarding H-2A visas for dairy workers in a June 17 statement.

AFBF president Zippy Duvall said farmers are thankful to the Trump administration for addressing the labor crisis.

Duvall said that fewer Americans are now opting to work on farms. At the same time, the need for qualified farm workers is increasing. This presents a “difficult labor market” for families engaged in farming.

The recent guidance “is an important step for our hardworking dairy farmers. However, it does not fully solve the problem,” Duvall said.

“Legislation is needed to achieve durable and lasting reform that will provide certainty and fairness to both farmers and their employees as they contribute to a strong and healthy food supply.”

Meanwhile, Rep. Glenn Thompson (R-Pa.), chairman of the House Committee on Agriculture, has proposed the Securing Agriculture’s Workforce Act to tackle the issue of labor shortage in the farming industry, including the dairy sector.

The Act focuses on expanding access to the H-2A program, according to a summary of the legislation.

At present, H-2A visas are available only to foreign nationals for seasonal or temporary agricultural work.

“For decades, that has been strictly defined in regulations to mean the length of the job contract is limited to 10 months, and the underlying job must be BOTH seasonal and temporary,” the summary said.

“This has arbitrarily excluded significant sectors of the agriculture industry (such as dairy) from eligibility in the program, leaving them with few options when they cannot find domestic workers willing and able to do these important yet arduous jobs.”

The Act seeks to address the issue by removing the “seasonal” requirement of agricultural work. It also clarifies that “temporary” refers to the length of the job contract, not the nature of the work.