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. 
​
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. ​

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] ​

This week, from Monday through Wednesday, TNLA was in Washington, D.C. as part of AmericanHort’s Impact Washington Fly-In. Texas brought one of the largest state delegations in the country to advocate and educate our U.S. Senators and Representatives. Nine TNLA members participated alongside more than 120 advocates from across the nation.
These fly-ins are always fast and frantic, as we zigzag across Capitol Hill to meet with as many legislators and staff as possible. But they are also one of the most important ways we make sure the voice of the Texas green industry is heard in our nation’s capital.

Workforce & Labor (H-2A & H-2B)
Our industry depends on seasonal and year-round workers to grow, install, and maintain landscapes. The H-2A and H-2B visa programs are vital, but both need reform. We called on Congress to expand access, streamline applications, and modernize wage calculations so that businesses can meet labor needs while keeping costs predictable. Without these improvements, growers and landscape businesses face growing shortages that threaten their ability to operate.

Tariffs, Trade & Supply Chain
Tariffs on key horticulture inputs are driving up costs across the board. Many of these products cannot be produced anywhere in the U.S.—leaving green industy businesses no alternatives. We urged Congress to support a transparent and functional exclusion process so businesses can reliably access the inputs they need without being burdened by unfair costs.

Farm Bill
The Farm Bill expires on October 1, 2025. While it’s a cornerstone for agriculture, too often specialty crops and horticulture are left out. Current programs lock our industry out of crop insurance and other protections. We pushed for a bipartisan Farm Bill that reflects the realities of horticulture, ensuring access to risk management tools and expanding support for nursery, greenhouse, and landscape operations.

From labor shortages to supply chain costs to ensuring our growers have a safety net, these policies directly affect the health and competitiveness of Texas’ horticulture industry. Trips like this Fly-In show how TNLA is actively fighting for our members’ businesses—from Washington, D.C. to back home in Texas.

Contact Director of Legislative & Regulatory Affairs, Curtis Smith by email [email protected] or call him at 512-579-3851 or  Legislative & Regulatory Affairs Manager, Karan Mehta by email [email protected] or call him at 512-579-3874

A high-profile battle over groundwater in East Texas is drawing attention from lawmakers, water districts, and industry leaders across the state — including many TNLA members in East Texas and the Dallas–Fort Worth area.


Recently, WFAA published a detailed report on Dallas investor Kyle Bass’s plan to pump up to 15 billion gallons of water each year from rural East Texas. The project has sparked fierce local opposition and renewed debate over Texas’s century-old groundwater laws.


Legislative Response
In response, State Representative Cody Harris (R–Palestine), Chair of the House Committee on Natural Resources, has filed a package of bills aimed at modernizing Texas’s groundwater rules. While he has urged the Governor to add them to the current Special Session agenda, it remains uncertain whether they will be taken up before the next regular legislative session in 2027.

Two bills in particular have emerged as his top priorities:

• HB 216 – Would limit how much groundwater a single permit holder can pump and transfer out of a groundwater conservation district. For new permits issued after the bill’s effective date, no single permit could authorize production and export of more than 5% of the district’s total modeled available groundwater, as determined by the Texas Water Development Board.
• HB 218 – Would require greater regional oversight for large-scale groundwater transfers. For wells capable of producing 25,000 gallons or more per day, the originating district would need to notify all other districts in its management area. At least two-thirds of those districts would need to approve the permit before it could be granted, with boards required to consider the impact on long-term water availability.

A Broader Debate Over Texas Water Law
The publicity surrounding Bass’s proposal has reignited conversations about the “rule of capture” — the nearly 120-year-old doctrine that allows landowners to pump as much groundwater as they want from beneath their property, regardless of impacts to neighboring wells.
​
Lawmakers, local water districts, and stakeholders are now discussing what could be the most significant overhaul of groundwater governance in state history. Proposals under discussion include:

• Expanding state oversight
• Strengthening local conservation districts
• Potential major reforms to the rule of capture altogether

TNLA will continue monitoring these developments closely. Any changes to Texas groundwater law could have significant implications for our industry, and we will keep members informed as the legislative conversation unfolds. Questions? Please reach out to [email protected] or [email protected]

On July 4, 2025, H.R. 1—known as the “One Big Beautiful Bill”—was signed into law. At 870 pages, it’s one of the most sweeping federal laws in recent history. But here’s the bottom line for TNLA members: it includes some powerful wins for your business.

Here’s what matters most:
🌿 529 Plans Can Now Fund Certifications
You can now use 529 education savings to cover industry licenses—like irrigator training, pesticide applicator certification, or landscape credentials. This makes workforce development more accessible for young professionals in our industry.

🔧 Full Write-Offs for Equipment & R&D
Businesses can now fully expense:

• New equipment purchases (tractors, irrigation systems, etc.)
• Research and development costs in the year spent

That means lower tax bills and more room to innovate and invest.

🏦 Loan Interest Deductions Restored
Businesses that borrow to buy land, expand greenhouses, or manage inventory can now deduct more interest expenses, thanks to the return of EBITDA-based limits.

💼 199A Pass-Through Deduction Made Permanent
The Qualified Business Income deduction for S-corps, LLCs, and sole proprietors now increases from 20% to 23% starting in 2026. That’s more relief for small and mid-sized businesses.

🌱 Expanded Grower Support & Plant Protection

• Increased funding for Specialty Crop Block Grants
• Boosted dollars for invasive pest management
• Extended citrus disease research funding
• More than doubled funds for the Specialty Crop Research Initiative

​
These provisions mean long-term investment in plant health, crop resilience, and industry sustainability.

The Takeaway:
While the bill didn’t fix everything (especially on the labor side), it delivers significant financial and operational benefits for Texas green industry businesses. TNLA will continue monitoring how funding rolls out—and will keep pushing for additional reforms where they’re needed most.