The U.S. Department of Agriculture today welcomed new guidance from the U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor clarifying that dairy operations may use the H-2A temporary agricultural worker program when they can demonstrate a qualifying temporary or seasonal labor need under existing law.
The policy memorandum provides additional clarity regarding how U.S. Citizenship and Immigration Services (USCIS) will evaluate H-2A petitions for dairy-related work. Under the guidance, dairy operations will be subject to the same statutory and regulatory standards applied to all H-2A employers, with petitions evaluated on a case-by-case basis based on the employer’s demonstrated temporary or seasonal need.
The guidance clarifies that dairying is an agricultural activity eligible for consideration under the H-2A program and recognizes that dairy operations may experience temporary or seasonal labor needs that qualify for H-2A employment. It also confirms that employers seeking H-2A workers for dairy-related positions may use existing H-2A procedures and requirements.
For many dairy farmers, labor availability remains a significant challenge. 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.
Additional information on the DHS policy memorandum is available through U.S. Citizenship and Immigration Services.
Source : usda.gov