The challenge with the H-2A guest worker program is fairly simple for Wisconsin dairy farmers. Cows don’t take a seasonal break. H-2A visas can provide agricultural employers with a reliable source of temporary labor. But dairy farms often have trouble qualifying because workers are needed year-round.
These labor issues could change if a new H-2A bill moving through Congress gains traction. Sam Moheban, an immigration specialist with Ruder Ware in Wausau, says the proposal is different from the previously introduced Farm Workforce Modernization Act.
“The Securing Agriculture’s Workforce Act of 2026 would expand the H-2A program to cover agricultural jobs with contracts of up to 350 days,” Moheban explained. “It could give dairy farms a more practical way to use the program for workers who are needed throughout most of the year.”
A different approach for year-round dairy labor
The Farm Workforce Modernization Act attempts to address several agricultural immigration issues at once. 20,000 H-2A visas would be created specifically for year-round agricultural work. And under that proposal, 10,000 would be reserved for dairy employers. The bill also includes a certified agricultural worker status for certain longtime ag workers. It requires E-Verify for employers.
That broad approach also comes with additional worker protections and potential liability for employers, which makes it part of a larger legislative compromise.
The new bill takes a narrower approach. And this distinction could be significant for dairy farmers with labor issues.
“Rather than creating a limited pool of year-round H-2A visas, the Securing Agriculture’s Workforce Act would essentially make agricultural jobs lasting up to 350 days eligible for the program” Moheban said. “It allows you to basically get a full year of work followed by a short break.”
What could change for Wisconsin dairy farmers?
The proposed changes go beyond simply expanding eligibility. The bill could also provide limited options for some existing agricultural workers who have immigration status issues. Instead of creating a pathway to a green card, the proposal would allow certain workers who meet specific criteria to transition into the H-2A program – despite aspects of their previous immigration history.
The legislation would also streamline parts of the H-2A process, including making certifications valid for up to three years.
Another proposed change will allow employers and workers to share some housing costs, within limits. Currently, those costs are generally the employer’s responsibility.
“For employers, that could mean broader H-2A eligibility,” Moheban said. “It would also be a simpler process with some potential cost savings.”
Don’t expect a quick fix
The new proposal may sound promising to farmers struggling with labor issues, but Moheban cautions against expecting an immediate solution.
“Both bills are still in the early stages and could face amendments and debate before anything reaches the finish line,” he explained.
Still, the conversation is important. And the Securing Agriculture’s Workforce Act has 58 bipartisan co-sponsors. Moheban says that shows there is meaningful support for addressing the issue.
Enforcement concerns remain
The immigration debate is happening as farmers continue to closely watch for changes in workplace enforcement.
“I’ve heard about increased pressure on some industries, but have not heard of an increase in workforce enforcement targeting dairy farms and agricultural employers” he said.
Moheban says farmers are still asking about their options and how to make sure their employees have the proper documentation. And while the H-2A route remains difficult for dairy, he says some employer-sponsored green card options may be worth considering. This could work for employees who have a clean immigration history and are looking at staying in the industry long term.
Wisconsin dairy farmers will continue to keep an eye on Congress, while also waiting to see whether the latest proposal can turn years of discussion into a workable workforce option.
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