Montana Stockgrowers Association Petitions DOL to Expand H-2A Eligibility

Request seeks to recognize livestock auction markets and feedlots as agricultural employers

Published on Feb. 25, 2026

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The Montana Stockgrowers Association (MSGA) has submitted a formal request to the U.S. Department of Labor (DOL) asking the agency to amend its regulations governing the H-2A Temporary Agricultural Worker Program. The petition seeks to expressly recognize livestock auction markets and rancher/farmer feeder feedlots as falling within the definition of 'agriculture', making them eligible to participate in the H-2A program.

Why it matters

The H-2A program allows agricultural employers to hire temporary foreign workers when domestic labor is unavailable. However, ambiguity in the DOL's regulatory definition of 'agriculture' has left livestock auction markets and feedlots in a gray area, despite their close connection to ranching and farming operations. Clarifying their eligibility would provide regulatory certainty and help address chronic workforce shortages in these critical segments of the livestock industry.

The details

MSGA's request asks the DOL to update its H-2A regulations to reflect the integral role livestock auction markets and rancher/farmer feeder feedlots play in seasonal agricultural production and the broader livestock supply chain. Auction markets provide essential services like animal handling, sorting, weighing, marketing, and transportation coordination for producers. Rancher/farmer feedlots also perform value-added activities within the livestock production cycle, including feeding and daily husbandry of animals prior to finishing or sale.

  • On February 25, 2026, MSGA submitted the formal request for rulemaking to the U.S. Department of Labor.

The players

Montana Stockgrowers Association (MSGA)

A trade association representing livestock producers in Montana, advocating for policies that support the state's ranching and farming industries.

U.S. Department of Labor (DOL)

The federal agency responsible for administering the H-2A Temporary Agricultural Worker Program, which allows agricultural employers to hire temporary foreign workers.

Lesley Robinson

The president of the Montana Stockgrowers Association.

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What they’re saying

“Livestock auction markets and rancher/farmer feedlots are unquestionably part of production agriculture. Yet under current H-2A regulations, these businesses face uncertainty about their eligibility to participate in the program, even though they perform agricultural work essential to livestock production. Clarifying this definition would provide much-needed regulatory certainty and help address chronic workforce shortages.”

— Lesley Robinson, President, Montana Stockgrowers Association (The Roundup)

“Montana's livestock producers depend on well-functioning auction markets and feedlots. Ensuring these operations can access a stable workforce is critical not only for animal welfare and producer livelihoods, but also for the strength of rural economies.”

— Lesley Robinson, President, Montana Stockgrowers Association (The Roundup)

What’s next

The U.S. Department of Labor will review MSGA's request and determine whether to initiate rulemaking to amend the H-2A regulations as proposed.

The takeaway

This petition highlights the need to modernize federal agricultural labor policies to reflect the realities of the modern livestock industry. Recognizing auction markets and feedlots as eligible for the H-2A program could help address workforce shortages and support the resilience of rural economies in Montana and across the country.