Dairy Labor Reform Momentum Builds

Progress in Washington is often measured in increments, one step at a time. But in the past month, dairy took two steps forward on ag labor: A clarification from the Trump administration regarding H-2A visas as they apply to dairy, followed by House Agriculture Committee Chairman Glenn “G.T.” Thompson’s introduction of comprehensive agricultural labor reform legislation, the Securing Agriculture’s Workforce Act.

For decades, dairy farmers have operated within a fundamental contradiction: Their labor needs are an everyday of the year constant, yet Congress designed the H‑2A visa program for seasonal agriculture. That mismatch has left dairy farmers effectively shut out of the nation’s primary legal agricultural guestworker system.

The recent clarification from the Department of Homeland Security on H-2A eligibility for dairy, supported by USDA and the Department of Labor, attempts to ease that tension. By directing visa petition adjudicators to consider dairy applications on a case-by-case basis and recognizing legitimate seasonal spikes, such as during calving or feed harvest, it attempts to expand the program’s accessibility for dairy operations. It also corrects a longstanding rigidity in how applications were evaluated, in which year-round production was often treated as automatic disqualification.

The change’s practical effects are limited by the scope of H-2A itself, for which eligibility still hinges on work being temporary or seasonal. For most dairy farms, where labor demand is continuous and predictable, that requirement continues to pose a significant barrier. While some producers could benefit, the clarification is unlikely to fundamentally reshape dairy’s access to a legal workforce. That said, the announcement was still welcome recognition from this administration of dairy’s labor challenges.

Those challenges underscore why Chairman Thompson’s Securing Agriculture’s Workforce Act is so consequential. The bipartisan bill, unveiled June 30, represents the most meaningful step in years toward fixing a broken farm workforce system, offering structural and legal reform dairy has long needed.

At its core, the bill would address the structural flaw that has hampered dairy for decades. By redefining “temporary” work based on the duration of an employment contract, allowing contracts of up to 350 days regardless of whether the work itself is year-round, it would align federal labor policy with modern agriculture’s operational reality. For dairy, that shift is potentially transformative.

Instead of limiting farms to a seasonal framework, Thompson’s proposal would allow them to access H‑2A legally and predictably by structuring employment contracts appropriately. In doing so, it opens the program to operations that have long been excluded, not because they lacked need, but because the law failed to reflect how they operate.

The bill goes further. It seeks to streamline the application process, reduce administrative burdens, and address cost concerns that have deterred employers from using H‑2A even when eligible. These aren’t incremental adjustments; they are reforms designed to be inclusive of vital labor needs on the dairy farm.

Perhaps the most important provision of the bill for dairy, beyond providing dairy access to an improved H-2A, is the targeted waiver of the bar of admission on past unlawful presence, providing the current dairy workforce a means to transition to a workable, agriculture visa program. While it may face scrutiny from some lawmakers, this provision shows Chairman Thompson’s understands what a major workforce disruption would do to the food supply chain as dairy farms transition to H-2A.

Just as important is the legislation’s broader purpose: to modernize a farm labor framework that’s remained largely unchanged since 1986. For dairy producers, workforce stability is not optional. It underpins animal care, milk quality, and overall farm viability. By creating a more flexible and reliable visa program, Thompson’s bill moves the industry closer to that stability in a way that we’ve not seen in decades.

The administration’s H-2A clarification demonstrates an appreciation that the current visa program does not work for dairy. Chairman Thompson’s legislation takes it further by fixing the underlying structural problems with H-2A. Ultimately, the path to a secure, stable dairy workforce runs through Congress. Meaningful, lasting change requires rewriting existing law. That is precisely what Chairman Thompson’s proposal aims to do.

For dairy farmers navigating tight margins, rising costs, and global competition, seeing that progress is more than policy: It’s the foundation for dairy’s workforce and economic sustainability in the years ahead.

Now the duty falls to the dairy industry and our friends across the agriculture sector to do all we can to see the Strengthening Agriculture’s Workforce Act through. NMPF has prepared a call to action that allows dairy farmers and their advocates to contact their House member and ask for support. That’s a step you can take toward ag-labor reform, building on the two steps taken in Washington in recent weeks.

And there will need to be more. Beyond building strong support from House lawmakers, the Senate will need a companion bill to get legislation to the president’s desk. Many steps lie ahead — but the path is clear. NMPF stands ready to lead the charge, alongside our members and the broader industry, to build the momentum needed for success.

 


Gregg Doud

President & CEO, NMPF

 

NMPF Praises Securing Agriculture’s Workforce Act

From NMPF President & CEO Gregg Doud:  

“The Securing Agriculture’s Workforce Act represents the most significant reform to the ag workforce we’ve seen in decades. It is particularly critical for dairy farmers, who have been effectively shut out of the nation’s primary legal agricultural guestworker program.  

“First and foremost, this bill finally grants dairy access to H-2A by removing the seasonal requirements of the program and allowing contracts up to 350 days of the year. The bill goes further, streamlining the application process, reducing administrative burdens, and addressing cost concerns that have deterred employers from using H-2A even when eligible.   

“Perhaps the most important provision of the bill for dairy beyond providing access, is the targeted mechanism to provide the current dairy workforce a means to transition to a workable visa program. This will ensure that we don’t face a major workforce disruption as dairy farms transition to H-2A – and that’s critical, because workforce stability underpins animal care, milk quality, and overall farm viability.  

“I applaud Chairman Thompson and the other original co-sponsors for introducing this bill. Chairman Thompson, thank you for leading the way, as you so often have to the most important issues facing agriculture. NMPF will rally its advocates across dairy and all of agriculture to support this bill, and it stands ready to help build momentum in the House, secure a Senate companion bill, and ultimately get this legislation to the president’s desk.”   

NMPF Statement on Trump Administration Plan to Improve Dairy H-2A Access

From NMPF President & CEO Gregg Doud:

“Dairy farmers appreciate the new clarification released by the Trump administration outlining how dairy operations may use the H-2A agricultural worker program. 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. 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.

“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.”

NMPF Statement on Senate Judiciary Hearing on Essential Immigrant Farmworkers

From NMPF President and CEO Jim Mulhern:

“NMPF thanks the Senate Judiciary Committee and its chairman, Sen. Dick Durbin (D-IL) for holding today’s hearing highlighting the importance of immigrant farmworkers to our nation’s food supply and rural communities. We are also grateful to Linnea Kooistra, formerly an Illinois dairy farmer for over 40 years, for testifying at the hearing and giving voice to this critical issue for dairy.

“Immigrant employees are vital to the dairy industry, with an estimated 79% of the U.S. milk supply produced on farms that employ immigrant workers. Dairy farmers know firsthand of dedicated and skilled teams that are led by and include immigrants; most producers also can speak to the challenges farms and rural communities face due to uncertainty surrounding the farm workforce.

“That’s why NMPF has been a leader in agricultural workforce reform efforts that address two areas of reform that are essential to solve America’s ag labor crisis. First: We must provide an earned legal protection for our current workers and their families. Second: We must reform the agricultural guestworker visa program so dairy and other year-round industries can use it to supplement the domestic workforce when needed.

“Dairy farmers currently cannot use the H-2A guestworker program because they produce milk year-round. Providing an earned legal protection for current workers is crucial, but it narrowly addresses only one aspect of the crisis. We must also reform the ag labor system so dairy farmers can hire legal guestworkers and do not remain trapped in a still-broken ag labor system moving forward. Both features must be present in any real solution.

“NMPF again thanks the Senate Judiciary Committee for today’s hearing and urges the Senate to seize the present opportunity to craft its own ag workforce reform bill that both provides legal protections to our current workers and restructures H-2A. Do not miss this chance for a real solution that helps farmers and farmworkers and supports them as they continue their crucial work of feeding our nation and the world.”

Dairy Farmers Spotlight Ag Labor Reform Needs in Roundtable with Vilsack, Delgado

Dairy farmers are urging the government to address dairy’s acute labor shortages — and the need for the U.S. Senate to craft a counterpart to the House-passed bipartisan Farm Workforce Modernization Act – in meetings today with Agriculture Secretary Tom Vilsack and Rep. Antonio Delgado (D-NY), culminating in a roundtable discussion at SUNY-Cobleskill in Cobleskill, New York.

Vilsack and Delgado will talk with farmers and farmworkers to address the unworkability of current farm-labor policies. Dairy faces special challenges as a year-round, around-the-clock agricultural sector because the current rules of the H-2A guestworker visa program limits its use to only the temporary and seasonal labor needs of agricultural employers.

“Unfortunately, the Department of Labor hasn’t made available the current H-2A program for a commodity that ‘harvests’ its product multiple times a day, every day,” said Jim Mulhern, president and CEO of the National Milk Producers Federation in a statement before the event. “We commend USDA and Rep. Delgado for supporting ag labor reform legislation and organizing this important discussion.”

NMPF supports the Farm Workforce Modernization Act as a vehicle for additional policy improvements and to prod Senate legislation that can be reconciled into a final bill that can pass both houses of Congress. Delgado was an early cosponsor of the legislation, which passed the House of Representatives by a solid bipartisan margin in 2019 and again in March. To build momentum for a solution, Vilsack hosted a bipartisan roundtable last month with key Senate negotiators and agricultural stakeholders, including NMPF.

“Without Senate action, the hard-won progress lawmakers have made on ag-labor issues won’t bring the solutions farmers need,” he said. “We need this conversation to turn into action in congressional corridors so that farmers and farmworkers can benefit from a workable labor system.”