On June 17, 2026, U.S. Citizenship and Immigration Services (USCIS) released a policy memorandum clarifying how temporary or seasonal need is evaluated for H-2A petitions involving dairy work.
The guidance confirms that dairy-related positions may qualify for H-2A classification, provided employers can demonstrate that their labor needs are temporary or seasonal.
Background
The H-2A visa program allows U.S. employers to hire foreign workers for agricultural labor of a temporary or seasonal nature.
USCIS emphasizes that:
- Dairying is explicitly included in the definition of agricultural labor under federal law
- This includes work performed on dairy farms, such as caring for livestock and milking operations
While dairy operations often involve year-round activities, this does not automatically disqualify them from H-2A eligibility.
Key Clarification
The memorandum reiterates a central principle:
The employer’s need—not the nature of the job itself—determines eligibility.
This means:
- Even jobs that exist year-round may qualify if the employer’s need for workers is temporary
- Temporary need generally must not exceed one year, except in limited circumstances
- Seasonal need must be tied to specific cycles, patterns, or time periods
Case-by-Case Adjudication
USCIS confirms that all H-2A dairy petitions will be reviewed based on the totality of circumstances, consistent with other agricultural petitions.
Key considerations include:
- Whether job duties differ across time periods
- Whether the work is tied to specific seasonal patterns
- Whether there are gaps in labor need during the year
- The employer’s filing history, including prior petitions
What This Means for Employers
The new guidance provides greater clarity for dairy operations seeking to use the H-2A program:
- Dairy employers can access H-2A visas under existing rules
- Careful documentation of temporary or seasonal need is critical
- Filing strategies should avoid creating the appearance of permanent workforce dependence
Importantly, USCIS notes that the memo does not introduce new requirements, but clarifies how existing rules are applied.
Erickson Insights and Analysis
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.