New federal guidance has been published by U.S. Citizenship and Immigration Services (USCIS) addressing when dairy operations may qualify for the H-2A temporary agricultural worker program. While the announcement has generated interest across agriculture, the practical impact appears limited: the guidance clarifies that dairy-related work may qualify for H-2A only when the employer can demonstrate a temporary or seasonal need under existing law. It does not create a new pathway for year-round dairy labor.

USCIS’ June 17, 2026, policy memorandum states that H-2A petitions for dairying should be evaluated on a case-by-case basis, considering the totality of the facts presented, and in the same manner as other H-2A petitions. The memorandum also states that it does not impose new obligations on employers submitting H-2A petitions.

For Western Growers members, the key point is that dairy operations already had very limited access to H-2A where the job opportunity was temporary or seasonal in nature. Examples could include labor needs tied to a defined calving season or short-term construction, repair or barn/structure work connected to a limited-duration need. The new guidance appears to reaffirm that such petitions may be considered where the employer can document the temporary or seasonal nature of the work.

However, the guidance does not appear to resolve the larger issue facing dairy and other year-round agricultural employers: H-2A remains limited to temporary or seasonal agricultural labor. USCIS continues to describe H-2A as a program for employers seeking to fill temporary agricultural jobs, and the employer must still establish that the work is temporary or seasonal.

For the guidance to become more significant, additional regulatory or definitional changes would likely be needed—particularly from the Department of Labor—to address the temporary or seasonal need requirement in a way that better reflects the realities of year-round agricultural operations. Western Growers has continued to advocate for reforms in this area.

Western Growers will continue monitoring implementation of the USCIS memorandum and any related agency guidance to determine whether the clarification results in any meaningful change in how dairy-related H-2A petitions are adjudicated.

For questions about H-2A eligibility for dairy-related work or about the H-2A program in general, please contact the Western Growers H-2A Services Team.