Legal Affairs Counsel's Corner: Trump Administration Expands H-2A Access for Dairy Operations

Trump Administration Expands H-2A Access for Dairy Operations

In a major development for the dairy industry, on June 17, 2026, the Trump Administration, through the Department of Agriculture announced new guidance clarifying that dairy employers may qualify to use the H-2A program as long as they can meet the existing requirement of establishing a temporary or seasonal need for labor regarding a proposed job opportunity. In conjunction with the Department of Labor, the Department of Homeland Security published a new policy memo outlining potential options for dairy operations to demonstrate a temporary or seasonal need. 

For decades, dairy operations have largely been excluded from the H-2A program because federal agencies viewed dairy work as inherently year-round and therefore outside the scope of a visa program limited to temporary or seasonal employment. While many other agricultural sectors have increasingly relied on H-2A workers to address labor shortages, dairy producers have faced significant workforce challenges with limited access to legal foreign labor options. The new guidance represents one of the most significant expansions of H-2A access for the agricultural employers in recent memory. 

Importantly, the policy does not create a special standard for dairy employers. Dairy operators seeking to utilize H-2A workers must still establish a qualifying temporary or seasonal need under existing law, and petitions will continue to be evaluated on a case-by-case basis under the same requirements that apply to all H-2A employers. The memo also provides helpful examples of how a dairy employer can establish seasonality: 

1. Calving/Breeding: Dairy cows are typically milked for approximately 10 months after calving before they are “dried off” for two months before calving again.25 For dairies that implement distinct breeding seasons each year, employers may be able to file separate H-2A petitions (for up to 10 months each) for dairy herdsmen for each calving season to provide the needed labor to address the different needs by the employer in relation to the cadence for the cattle in each herd. 

2. Different Duties/Seasons: Dairies that do not implement distinct breeding or calving seasons may still prove a temporary or seasonal need where it can be demonstrated that workers will perform different duties during specific seasons or other temporary periods. For example, while dairy herdsmen will have some duties that are consistent throughout seasons, other duties performed by dairy herdsmen change throughout the year. In such instances, employers may be able to file separate H-2A petitions to provide the employer’s need for labor that is substantially different between seasons even though some tasks, like milking, are consistent. 

Agricultural organizations have broadly welcomed the announcement as an important step toward addressing chronic labor shortages affecting dairy producers. While the guidance does not create a year-round visa category for dairy, it removes a longstanding barrier that prevented many dairy operations from pursuing H-2A labor and may provide a viable workforce solution for qualifying employers.

New Agricultural Workforce Reform Bill Expected to Be Introduced in Congress: What Employers Need to Know About the Securing America’s Workforce Act

House Agriculture Committee Chairman Glenn “GT” Thompson (R-PA) is expected to formally introduce the Securing America’s Workforce Act (SAWA) at the end of June 2026, a comprehensive agricultural labor reform proposal aimed at modernizing the H-2A program and creating new legal workforce pathways for U.S. agriculture.

While the bill has not yet been formally filed, the release of a legislative summary and congressional “Dear Colleague” letter signals that SAWA will serve as the primary House vehicle for agricultural labor reform this Congress. The proposal is already receiving strong support from major agricultural organizations, including the National Council of Agricultural Employers (NCAE), and represents one of the most substantial workforce reform efforts for agriculture in recent years.

If introduced as outlined, SAWA would seek to address longstanding workforce shortages and structural limitations within the current H-2A framework.

Key Proposed Changes by Category

I. Year-Round Agricultural Visa Program

One of the most significant proposed reforms is the creation of a capped year-round agricultural visa program for sectors that do not fit within H-2A’s seasonal framework, including dairy, livestock, poultry, and other continuous-production agricultural operations. This would address a significant number of additional industries that have historically been arbitrarily excluded from qualifying for the program.

II. H-2A Program Modernization

The bill proposes a series of reforms aimed at improving the existing H-2A system, including:
• Streamlining filing procedures and reducing duplicative administrative requirements;
• Improving adjudication timelines and processing efficiency;
• Increasing flexibility for staggered labor needs and workforce planning;
• Simplifying certain housing and transportation compliance obligations.

These changes are intended to make the program more efficient and predictable for agricultural employers.

III. Worker Portability and Labor Mobility

SAWA would introduce greater worker portability, allowing agricultural workers to move between approved employers under defined conditions. This reform could improve labor market flexibility, reduce disruptions, and provide employers with a larger available labor pool.

IV. Workforce Stabilization for Current Agricultural Workers

The proposal also contemplates a legal stabilization mechanism for experienced agricultural workers currently present in the United States, allowing employers to retain trained workers and reduce turnover. This would provide much-needed continuity for agricultural operations heavily dependent on experienced labor.

V. Wage and Regulatory Reform

The bill also seeks to address employer concerns regarding wage instability and regulatory complexity by revisiting certain aspects of AEWR methodology, clarifying compliance standards, and reducing unnecessary regulatory burdens.

Expected Timeline

Chairman Thompson is expected to formally introduce the bill at the end of June. Following introduction, the bill will likely be referred to the House Agriculture Committee and potentially the House Judiciary Committee for review. Committee hearings and markups could begin later this summer, with possible House floor consideration in the fall.

As with all major immigration legislation, Senate consideration and final passage remain uncertain. However, the narrow agricultural focus and bipartisan stakeholder support may give the bill a stronger path forward than broader immigration reform proposals.

Why This Matters

If enacted, SAWA would represent the most significant reform to agricultural workforce law in decades. For employers, it would address many of the most persistent issues with the current H-2A program—including access for year-round operations, workforce retention, labor mobility, and administrative burden.

Seso will continue monitoring developments and provide updates as the legislation is formally introduced and moves through Congress.

Source Materials:
Bill Summary 

Thompson Dear Colleague Letter