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. ​

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. ​

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. ​

Landscape & Irrigation Best Practices (Master Valves) 
A recommendation was approved to require installation of master valves on all new landscape irrigation systems. These devices help prevent water loss from leaks and system failures and are considered a low-cost, high-impact conservation tool when installed upfront. 
 
Member impact: Contractors and irrigation professionals may see increased demand for master valve installation and should be aware of evolving expectations. 
 
Statewide Evapotranspiration (ET) Network 
 
WCAC is recommending that the Legislature provide additional funding to the Texas Water Development Board (TWDB) to expand and support a statewide evapotranspiration (ET) network within the TexMesonet program. 
 
Evapotranspiration (ET) is a measurement of how much water is lost from soil and plants to the atmosphere through evaporation and plant use, and it is a key tool for determining how much and when to irrigate. 
The recommendation includes increasing appropriations (approximately $1.2 million for the biennium) to support: 
 

• Expansion and upgrading of weather stations to collect ET data 

• Additional staff and technical assistance 

• Studies to improve accuracy and placement of ET monitoring stations 

 
This builds on the existing TexMesonet network, which was established to provide statewide weather and water data but currently lacks sufficient resources to fully incorporate ET data. 
 
Member impact: Expanded ET data access could support more precise irrigation practices and strengthen the case for smart irrigation technologies. This may create opportunities for members offering advanced irrigation solutions. 
 
Irrigation Requirements for Single-Family Rental Properties (Still Under Development) 
 
WCAC is examining a proposal to update Public Utility Commission rules to extend existing tenant water-use protections to single-family rental properties. 
 
Currently, tenants in apartments, condominiums, and manufactured housing have protections related to water billing and responsibility under submetering rules. However, these protections do not apply to single-family rentals. 
  
In some cases, landlords require tenants to irrigate landscapes to maintain the property, even during periods when local water restrictions are in place. This can result in tenants facing fines, penalties, or higher water bills for actions required under their lease.  

The proposal would align all rental property types by extending these protections to single-family rentals, helping ensure tenants are not penalized for irrigation requirements outside their control. 
 
Member impact: Could affect how irrigation services are directed and who is responsible for compliance on rental properties, requiring landscape professionals to follow local water restrictions regardless of lease requirements. 
 
Agricultural Water Conservation Funding 
 
WCAC is recommending that water conservation projects, such as irrigation efficiency improvements and drought-resilience measures be clearly recognized as eligible for financial assistance through the Texas Agricultural Finance Authority (TAFA). 
 
While TAFA already provides low-interest loans and other financial tools for agricultural production, water conservation is not explicitly identified in statute. WCAC’s recommendation is to highlight and reinforce that these activities qualify under existing authority. 
 
This recommendation does not create new funding or prioritize water conservation over other uses but instead increases awareness of existing financing options. 
 
Member impact: Increased visibility of funding opportunities could benefit selected growers engaged in water-efficient practices, particularly those eligible for conservation-related financial assistance. 
 
Municipal Water Use Transparency 
WCAC is recommending stronger reporting and visibility of: 

• Water conservation savings (BMPs)  

• Water reuse data  

 
The goal is to improve accountability and encourage better performance through clearer, more accessible data. This would include a full-time employee assisting utilities, review submitting data, and posting the conservation/reuse BMP volumes. Their path is for Texas utilities and water planning regions to better understand the progress and effectiveness of implementing water conservation and reuse strategies. 
 
Member impact: Increased transparency may lead to heightened scrutiny of outdoor water use and irrigation practices, particularly in municipal or commercial settings. This could influence local regulations, customer expectations, and how water use is tracked and reported. ​

These recommendations signal a continued focus on: 

• Conservation tools  

• Improved data transparency  

• Smarter irrigation practices across sectors  

 
TNLA will continue monitoring as recommendations are finalized and assessing potential impacts on the green industry. ​

On December 31, the U.S. Departments of Labor and Homeland Security announced plans to make 35,000 additional H-2B visas available for fiscal year 2026, on top of the 66,000 visas already authorized by Congress each year. The agencies have indicated these supplemental visas will be released through a temporary final rule, with details expected in the coming weeks.

This is welcome news for seasonal employers, but it’s important for TNLA members to understand both what this announcement does and does not address.

The Administration confirmed it will use its congressionally granted authority for FY 2026 to release the 35,000 supplemental visas. That number is significantly lower than in recent years, representing roughly a 50 percent reduction compared to the supplemental visas made available in fiscal years 2023 through 2025. The Administration has also indicated that these visas will be targeted toward what it considers critical infrastructure sectors, including forestry, hospitality, tourism, transportation, manufacturing, and related industries. Many green industry businesses could fall within or support these sectors, but the exact eligibility requirements, filing timelines, and worker restrictions have not yet been released. Those details will come once the temporary final rule is published.

Even with this announcement, the H-2B program remains heavily oversubscribed. The first-half cap for fiscal year 2026 was reached on September 12, and the second-half cap is expected to be reached quickly. Without a timely release of the supplemental visas and potentially further action by Congress, many seasonal employers will continue to face workforce shortages that directly affect their ability to operate.

As TNLA has outlined in its advocacy efforts, the H-2B program is already costly and highly regulated. Employers must recruit U.S. workers, pay premium wages, secure approvals from multiple federal agencies, and comply with strict program requirements. The workers themselves are temporary and seasonal, and they return home at the end of the season. They are not immigrants. For many businesses, access to H-2B labor is what allows them to meet peak demand, keep year-round American employees working, and avoid turning down work or cutting services.

For the green industry, lack of access to H-2B labor often means delayed projects, reduced services, higher costs, and lost contracts. Research shows that each additional H-2B worker supports multiple full-time U.S. jobs, including supervisors, drivers, logistics staff, and administrative employees. When labor shortages persist, businesses are forced to scale back operations, putting American jobs at risk and increasing costs for customers.

TNLA continues to press both the Administration and Congress to move quickly. This includes urging the Administration to promptly issue the temporary final rule allocating supplemental visas for FY 2026, encouraging Congress to retain seasonal employer protections in the FY 2026 DHS appropriations process, and continuing to push for longer-term cap relief that provides predictability and stability for responsible employers.

We are actively using these points on Capitol Hill and in ongoing conversations with federal agencies to advocate for the full scope of the green industry. As more details become available, TNLA will continue sharing updates and practical guidance so members are prepared to act.

Link to press release HERE

Contact TNLA’s Legislative & Regulatory Affairs Team 
Curtis Smith – Director – [email protected] 

Karan Mehta – Manager – [email protected] ​