U.S. Citizenship and Immigration Services said that dairy employers may seek foreign workers through the H-2A agricultural visa program for temporary or seasonal labor, while making clear that petitions will be reviewed case by case to determine whether the need is truly temporary. The guidance does not create new obligations for employers, but it gives USCIS officers a framework to scrutinize repeated filings that may point to a permanent staffing need.
The policy memorandum, PM-602-0200, says dairying can qualify for H-2A because Congress included “dairying” and work on a “dairy” in the statutory definitions of agricultural labor and agriculture. USCIS said the central question is not whether dairy work happens year-round, but whether the employer’s need for the workers is temporary or seasonal.
The memo applies to all USCIS employees and took effect June 17, 2026. It says existing H-2A procedures remain in place for dairy employers, who do not need any special process beyond the standard visa and labor certification requirements.
USCIS said the Department of Labor’s temporary labor certification will generally be sufficient, but not controlling, if the record contains substantial evidence that the job is not temporary or seasonal. The agency said it may look at filing history, job duties, work schedules and whether petitions cover the same labor need over a long stretch of time.
The guidance warns that back-to-back H-2A petitions for the same dairy position, without a meaningful break in employment, could support a denial if they suggest an ongoing permanent need. USCIS said prior approvals do not guarantee future approvals, and prior denials do not bar later petitions if the facts change.
At the same time, the memo says some dairy operations may still qualify for consecutive petitions if they can show distinct seasonal cycles or different job duties, such as spring and summer work that differs from fall and winter duties. The agency also said dairies with distinct breeding or calving seasons may be able to justify separate petitions tied to those cycles.
The memo follows broader federal H-2A rules that require the employer’s need to be temporary or seasonal, not simply the occupation itself. USCIS framed the guidance as a way to ensure dairies are judged under the same standards as other H-2A employers while protecting U.S. workers’ wages and working conditions.
Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
