New York’s dairy farmers finally got what they have been chasing for years: a green light to use the H-2A seasonal worker program. Federal officials now say dairies can tap the visa channel that apple growers and vegetable farms have long relied on, potentially easing chronic labor shortages on family operations across the state. But until they see black-and-white rules on how long workers can stay, whether they may return, and what housing and paperwork must look like, many farmers say they are not changing hiring plans just yet.
As reported by Spectrum News, the USDA says updated Department of Homeland Security guidance now explicitly folds “dairying” and “work on a dairy” into the H-2A definition of agricultural labor and formally recognizes that dairy farms can have temporary or seasonal labor needs. Industry leaders quoted in that report call the clarification an important first step and note that USDA Secretary Brooke Rollins recently sat down with New York dairy producers who had been pressing the department for relief. Still, local advocates and growers stress that the memo alone does not answer the day-to-day questions that determine whether the program is usable on real farms.
How H-2A Has Worked and Why Dairy Was Mostly Excluded
The H-2A program is built for agricultural jobs that are temporary or seasonal and requires employers to prove there are not enough U.S. workers available, according to the U.S. Department of Labor. DOL guidance generally treats an employer’s need as “temporary” when, except in extraordinary cases, it will last no longer than a year. That framework has historically shut out many year-round dairy operations, where cows need to be milked every day, whether or not it is harvest season. The way the rules were written is a big reason farm groups and lawmakers have pushed both for clearer agency interpretations and for Congress to change the statute outright.
Farmers Still Want Specifics
Local producers say they are encouraged but not yet reassured. Kim Skellie, who runs El-Vi Dairy in Ontario County, told Spectrum News that the memo leaves some of the most basic operational issues unsettled. She is still waiting to learn what “temporary” will actually mean on a dairy, whether the same workers will be allowed to return in later seasons, and whether some of the people already on her payroll could be brought under H-2A. Without those answers, she said, farms cannot responsibly plan for housing, guaranteed wage obligations, or multi-year staffing.
Industry Groups and Lawmakers Press for a Permanent Fix
Trade organizations greeted the guidance as overdue recognition for dairy but warned that it is only a starting point. The National Council of Agricultural Employers labeled the move “a significant victory,” while cautioning that the Labor, Homeland Security and State departments will all need enough staff and streamlined processes to handle a new wave of petitions, according to an NCAE statement. On Capitol Hill, House Agriculture Chairman Glenn “GT” Thompson has introduced the Securing Agriculture’s Workforce Act of 2026, which would broaden H-2A access for dairy and other year-round operations and spell out the program’s mechanics more cleanly, according to a summary from the House Agriculture Committee.
Legal Context
Even before this latest clarification, DHS adjudicators were already assessing H-2A cases one by one to decide whether an employer’s need counted as temporary or seasonal. A USCIS policy memorandum on range herders, for example, lays out how officers weigh recurring needs against legal limits on what counts as permanent work. That enforcement history helps explain why farmers and attorneys are pushing for written, dairy-specific agency guidance and, in many circles, legislation as well, so that the rules are harder to reverse or chip away at in court.
What Comes Next
Federal officials are expected to roll out more detailed written guidance and operational instructions in the coming weeks, and dairy producers say they will be combing through the fine print. They are looking for clear rules on how long workers can stay, whether they may return to the same farm, what housing standards will apply and how adverse-effect wage rates will be calculated. Until then, industry groups and lawmakers argue that bills like the Securing Agriculture’s Workforce Act will be crucial if farmers are going to hire, invest and expand with any real confidence.
