(WISCONSIN) — The U.S. Department of Homeland Security and the U.S. Department of Labor issued a joint policy shift on June 17, 2026, granting Wisconsin dairy farmers broader access to the H-2A temporary agricultural worker program after decades of exclusion from the federal visa system.

USCIS formalized the action in a policy memorandum titled “Policy Memorandum: Guidance on Temporary or Seasonal Need for H-2A Petitions for Dairying.” The document reinterprets what qualifies as temporary or seasonal labor for dairy operations. It removes a barrier that prevented farms from hiring guest workers because cows require milking 365 days a year.

“This Policy Memorandum clarifies that dairy can involve H-2A eligible temporary or seasonal labor, no matter that dairy cows can require milking or other types of work year-round,” DHS said in its policy statement. “In this regard, dairying is similar to range sheep or goat herding, which can also be eligible for H-2A.”

USDA reinforced that position in a separate release the same day. “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,” the agency said on June 17, 2026.

Since its statutory creation, the H-2A program tied visa eligibility to seasonal or temporary labor shortages aligned with crop cycles. Apples picked in autumn, wheat harvested in summer, tobacco cut in early fall: those were the jobs the program was built to fill. Dairy operations, which run continuously regardless of season, fell outside that framework.

Multiple farm bills and immigration reform proposals over the years included language for a year-round agricultural worker visa. None cleared Congress. Proposals surfaced in successive legislative sessions but stalled amid broader disputes over immigration policy, leaving dairy, aquaculture, and other year-round agricultural operations without a legal guest worker option.

DHS addressed that deadlock by drawing a parallel to an existing exception. Range sheep and goat herding, which also requires year-round animal care, already qualifies under H-2A through regulatory interpretation rather than separate statute. The new memorandum extends the same logic to dairying, classifying it as an eligible agricultural activity under existing regulations. No new visa category was created.

The analytical shift moves the focus from the nature of the job itself to the employer’s specific labor need at a given time. A dairy operation that can demonstrate a temporary spike in demand during calving season can now petition for H-2A workers. The same applies to a short-term labor shortage tied to a discrete period.

USCIS will not automatically approve or reject dairy petitions. Adjudicators will evaluate each request individually, weighing what the agency described as the “totality of circumstances.” Factors include gaps in labor needs and the employer’s filing history. The standard mirrors how USCIS already reviews H-2A petitions from crop farms and other agricultural sectors.

“USCIS will evaluate whether an employer’s need for workers is temporary or seasonal, just as it does for any other H-2A employer and will evaluate requests individually,” the agency said in its adjudication guidance on June 18, 2026.

Employers seeking to use the program must follow the same application procedures as other H-2A petitioners. The process begins with a temporary labor certification from the Department of Labor. That certification requires the employer to demonstrate that qualified U.S. workers are not available for the positions.

Domestic recruitment is mandatory before that certification can be issued. Employers must advertise the jobs at prevailing wage rates through state workforce agencies. They must show that no sufficient number of willing and able U.S. workers applied. Only after recruitment efforts fail can the employer file an H-2A petition with USCIS.

H-2A visas remain temporary, generally capped at one year. Workers can return in subsequent seasons if the employer files new petitions and receives new approvals. Visa holders carry legal status and are entitled to prevailing wages, housing, and transportation reimbursement. Those are protections that undocumented workers do not have.

The policy shift arrives against a backdrop of mounting pressure on Wisconsin’s dairy industry. An estimated 70% of dairy labor in the state is performed by undocumented workers, according to researchers at the University of Wisconsin-Madison. Those researchers have warned that the industry would “collapse overnight” without that workforce.

Federal immigration enforcement intensified in late 2025 and early 2026, resulting in several high-profile detentions of dairy workers in Wisconsin. Enforcement actions in Manitowoc County drew attention to the vulnerability of dairy operations dependent on undocumented labor. The sudden removal of workers can halt milking schedules, threaten animal health, and force farms to dump milk that cannot be processed in time.

Wisconsin currently has roughly 6,000 dairy farms remaining, a 76% decline in number since the mid-2010s. Operators have cited chronic labor shortages as a driving factor in farm closures, alongside low milk prices and rising feed costs. Aging farm owners have struggled to find workers willing to take on the physically demanding routines of milking, feeding, and barn maintenance.

Under the new guidance, dairy farmers can petition for temporary foreign workers during labor-intensive windows without the year-round nature of their operations serving as an automatic disqualifier. The case-by-case review standard means each petition stands on its own documentation. Employers must identify discrete periods of heightened demand rather than filing generalized claims of year-round labor shortages.

Industry groups responded positively. The National Council of Agricultural Employers called the policy a “welcomed policy change” that moves toward more comprehensive agricultural labor reform.

Congress has repeatedly debated but never passed a dedicated visa category for year-round agricultural work. By applying the existing seasonal framework to dairy through a broader reading of “temporary need,” the administration acted within current statute. It bypassed the legislative deadlock that has persisted through multiple sessions.

USCIS adjudicators retain discretion to deny petitions that fail to meet the temporary need standard. The individualized review process means approval is not guaranteed. Employers who cannot document specific labor spikes with precision will face rejection. Petitions must identify discrete periods of heightened demand and demonstrate that domestic recruitment failed to fill those gaps.

The memorandum took immediate effect upon issuance. USCIS has updated its policy manual to reflect the revised guidance. The agency’s H-2A program page provides application instructions for employers preparing to file petitions. The USDA also issued a press release on June 17, 2026, welcoming the clarification.