FROM THE HILL
Trump Administration Releases Supplemental H-2B Visas…But Concerns Arise for FY 26
ON MARCH 26, THE DEPARTMENT OF HOMELAND SECURITY (DHS) and the U.S. Citizenship and Immigration Services (USCIS) finally announced that the FY 25 second-half statutory cap had been hit on March 5 and that the full amount of supplemental H-2B visas (19,000 returning worker exemption), (13,000 + NCA) and (5,000 post May 14) will be made available.
Information on filing can be
found on the USCIS website, but it is the same process as it was for first-half supplemental filers and the past several years. Employers will need to attest to irrepara- ble harm if you do not receive supplemental H-2B workers, and it must be documented. If you have a valid petition in hand and were capped out of the statutory 33,000, we encourage you to file immediately, as the 19,000 returning worker exemptions will go quickly because of the delay in the announcement and the number of capped-out petitions already processed. We believe a lottery could occur when USCIS gets close to hitting that 19,000 cap, but initially, we don’t believe that is the process that will occur. From early March until the announcement was made was a nerve-racking period, to say the
least. We knew that the H-2B cap had been hit somewhere around March 5 due to the lack of re- ceipts being issued, and the rate at which DHS was processing. We then began to hear rumors that DHS Secretary Noem want- ed to “examine her options.” We also knew that there were peo- ple in place at DHS that are very opposed to the H-2B program and were part of the Project 2025 document that specifically states that the Administration should not “exert their discretionary authority” in reference to H-2B supplemental visas. NALP promptly began to lead
efforts, both public and private, to exert pressure via key contacts in the White House who are working with us and also our champions on Capitol Hill. For approximately a week prior to the announcement, we were
being told daily, “The announce- ment is coming today.” Needless to say, we were
thrilled the announcement finally came prior to the April 1 date of need. We were prepar- ing litigation, if necessary, but couldn’t initiate it until April 1. We are happy we didn’t have to resort to that path. This release only happened because of the hard work by all of our NALP members and the relationships we’ve created in Congress with your help. In 48 hours, we sent over 1,000 emails. Check out the graphic below for the states that sent the most messages! We now know where we stand with this current Administration. We certainly have champions, but we also certainly have signif- icant obstacles at DHS that will likely remain in place during the remainder of President Trump’s 2.0 term. We will need to accomplish
more in appropriations for FY 26, and we have options: “may-to-shall,” returning worker exemption, and certified sea- sonal employer are all in play, and those discussions are well underway. We need to work hard this appropriations cycle, so we will also have an H-2B fly-in on May 19-20. TE
By Andrew Bray Senior Vice President of Government Relations and Membership
This article was written on March 28. For the most current information, email Andrew Bray (andrew@landscapeprofes-
sionals.org).
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