TNLA H-2B Workforce Advocacy in D.C.

Last week, TNLA traveled to Washington, D.C. alongside members of Texas’ green industry for the annual H-2B Fly-In. During the trip, TNLA members met directly with Congressional offices to discuss workforce challenges impacting green industry businesses across Texas. 

The conversations focused heavily on the seasonal H-2B VISA program. For many green industry businesses, these workers help keep projects on schedule during peak seasons while also supporting year-round American jobs within their companies. 

Why This Matters to Texas’ Green Industry ​

Texas’ green industry continues to face significant workforce shortages, particularly during high-demand periods in the spring and summer. During our meetings in Washington, TNLA members had the opportunity to speak directly with Congressional staff about how these workforce challenges affect their businesses on a day-to-day basis. 

Members shared personal stories about trying to keep crews staffed during peak project seasons, balancing growing customer demand, and managing the uncertainty that comes with not knowing whether seasonal workers will arrive on time. Some discussed the pressure of meeting timelines for government and commercial contracts, while others explained how workforce shortages impact long-term business planning and growth. 

Several members also highlighted that dependable seasonal labor helps create opportunities for year-round American employees by allowing businesses to expand operations, invest in training, and move workers into higher-skilled positions over time.

One of the most impactful aspects of the trip was ensuring policymakers heard directly from employers experiencing these challenges firsthand.

What Was Discussed in Washington ​

A major focus of this year’s advocacy effort was support for the proposed “Certified Seasonal Employer” language currently being discussed in federal appropriations negotiations. 

The Certified Seasonal Employer proposal is designed to reward businesses that have consistently followed the rules and responsibly used the H-2B program over multiple years. Under the proposal, employers that have received H-2B labor certifications for the past five years would be allowed to maintain access to the highest number of seasonal workers they were previously certified for without those workers counting against the annual H-2B cap. 

One way to think about it is this: businesses that have proven year after year they are compliant, dependable, and operating legally would no longer have to “re-enter the lottery” every season just to maintain the same workforce levels they have historically relied upon. 

Currently, the H-2B program has an annual visa cap of 66,000 per fiscal year that has not been updated in decades despite major economic growth and increased workforce demand. The proposed language would reward long-time, compliant employers (certified for the last five years) instead of forcing them to compete under the same uncertainty each season. These workers would not be included in the cap. ​

Where the Language Stands

The Certified Seasonal Employer language is currently being discussed as part of the Fiscal Year 2027 Department of Homeland Security (DHS) Appropriations process in Congress. 

Rather than moving as a standalone immigration bill, the proposal is being pursued through the federal appropriations process because Congress frequently uses annual funding legislation to address operational H-2B issues and cap relief measures. In this case, industry groups are advocating for the language to be included in the baseline DHS Appropriations bill because DHS oversees key parts of the H-2B program, including visa allocation and administration. 

The proposal has already gained significant attention in Washington. According to industry briefings shared during the fly-in, the White House previously supported inclusion of the Certified Seasonal Employer language during earlier federal funding negotiations, and advocates are continuing to push for its inclusion in the final FY27 DHS funding package. 

This means the current focus is on educating Congressional offices, appropriations staff, and committee leadership about why workforce certainty is critical for seasonal employers and why long-time, compliant businesses should receive more predictability within the H-2B process. 
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For TNLA members, the issue is not simply about increasing workforce numbers; it is about creating a more stable and predictable system that allows responsible employers to better plan projects, retain year-round employees, and continue supporting Texas’ growing economy. ​

What Success Looks Like ​

For TNLA members, success would mean: 

• More workforce certainty for seasonal employers 

• Better project planning and scheduling 

• Reduced operational disruptions during peak seasons 

• Greater ability to retain and hire year-round American workers 

• Continued support for Texas’ growing economy and infrastructure needs 

Most importantly, members wanted policymakers to hear directly from businesses experiencing these workforce challenges every day. 

​TNLA appreciates the members who traveled to Washington to ensure the voice of Texas’ green industry was represented on Capitol Hill. ​

Contact TNLA’s Legislative & Regulatory Affairs Team ​

Curtis Smith – Director – [email protected]  
Karan Mehta – Manager – [email protected]