Dairy operations can use the H-2A program if they can demonstrate a temporary or seasonal labor need, the Homeland Security and Labor departments said in new guidance released late Wednesday.
Dairy operations "will be will be subject to the same statutory and regulatory standards applied to all H-2A employers” under the new guidance, "with petitions evaluated on a case-by-case basis based on the employer’s demonstrated temporary or seasonal need,” according to a press release the Agriculture Department posted Wednesday evening.
National Council of Farmer Cooperatives President and CEO Duane Simpson applauded the announcement, saying the action “helps address a key shortcoming of the program and will help ensure access to a legal, stable workforce by dairy farmers across the country.”
However, Simpson also said it "highlights the need for additional congressional action to fix the H-2A program, which remains complex, costly and burdensome."
"We urge Congress to take up legislation that fixes the H-2A program and ensures that all types of producers have access to the workers they need to feed, fuel, and clothe the nation,” he said.
A press release from the National Council of Agricultural Employers called the action “long overdue” and said it “marks a significant victory for dairy farmers nationwide who have struggled under the constraints of a strictly seasonal program while managing year-round operations.”
"This is a welcomed policy change for our dairy members, and we are hopeful it is just the beginning of continued H-2A program expansion,” NCAE President and CEO John Hollay said in a release. He added, "By opening the door for the dairy industry to take advantage of the only legal program for foreign agricultural workers, President Trump continues to move us in a direction of needed reform.”
However, Hollay also said to accommodate more program users, the Labor, Homeland Security and State departments “will require significant structural support and sufficient funding to ensure the program operates as intended for current and new users.”
"For this expansion to succeed and the H-2A program to work as intended, our federal agencies must have the resources and regulatory structures necessary to handle the increased volume efficiently,” he wrote. "NCAE looks forward to working with the administration and congressional leaders to ensure the H-2A program is reformed to meet the needs of all producers and that it receives the structural support required to protect our food supply chain."
The American Farm Bureau Federation also weighed in. AFBF President Zippy Duvall said in a statement, "This is an important step for our hardworking dairy farmers. However, it does not fully solve the problem. Legislation is needed to achieve durable and lasting reform that will provide certainty and fairness to both farmers and their employees as they contribute to a strong and healthy food supply.”
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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.”
The release said the clarification should provide more certainty to dairy farmers struggling with labor availability challenges.
Michael Dykes, President and CEO of the International Dairy Foods Association, said "today’s announcement makes the H-2A temporary agricultural worker program a more viable tool for dairy producers, who have had no way to participate in a program designed primarily for seasonal agriculture." However, he also urged Congress to "build on these improvements by advancing additional solutions that further secure the agricultural workforce for dairy producers and processors.”
National Milk Producers Federation President and CEO Gregg Doud said in a statement that dairy farmers "appreciate the new clarification."
"The dairy industry has long sought access to the H-2A program, and this guidance will help open the door for dairies to begin using this program," Doud said. "We applaud secretaries Rollins and Mullin and acting Secretary Sonderling for their proactive leadership on this issue and look forward to learning more about these important new changes."
Doud said NMPF "pledges to work with both Congress and the Administration to secure long-term certainty for the dairy workforce, including solutions to transition to H-2A, which will ensure that dairies across the nation are set up to thrive, boosting rural communities and providing Americans and the world with high-quality, nutritious products.”
Samantha Ayoub, director of workforce and business policy at the International Fresh Produce Association, said the announcement "reflects an important acknowledgement that many nonseasonal sectors require H-2A reforms to allow for a more stable and reliable workforce." However, she expressed disappointment that the flexibility was not extended to controlled environment agriculture or other nonseasonal ag sectors.
"Greenhouse operations across the country are critical to year-round U.S. food production and continue to face persistent workforce challenges that require practical solutions," she said. "Expanded access to the H-2A program would help the specialty crop sector meet demand across growing seasons and provide employers with a stronger, more reliable workforce."
She added, " IFPA looks forward to working with the Administration and Congress to advance practical reforms that strengthen the agricultural workforce, support domestic production, and help keep fresh fruits and vegetables available and affordable for American families year-round."
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