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The restructuring of the H-2B visa has brought on considerable concern within the landscape industry. In opposition, PLANET (The Professional Landcare Network) has filed a federal lawsuit to stop the ruling, which is set to become effective April 27th.
The H-2B nonimmigrant program permits employers to hire foreign workers to come to the U.S. temporarily to perform nonagricultural services or labor on a one-time, seasonal, peak-load or intermittent basis. It also requires the Secretary of Homeland Security to consult with appropriate agencies before admitting H-2B non-immigrants.
Homeland Security regulations require that the petitioning employer (excluding Guam) first apply for a temporary labor certification from the Secretary of Labor indicating that:
?EUR??,,????'?????<??????? There are not sufficient U.S. workers who are capable of performing the temporary services or labor at the time of filing the petition for H-2B classification and at the place where the foreign worker is to perform the work.
?EUR??,,????'?????<??????? The employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers. The Department of Labor will review and process all H-2B applications on a first in, first out basis.
Employers will also be required to hire any qualified U.S. worker up to 21 days before a H-2B worker is scheduled to begin, even if the employer has assisted the H-2B worker with their visa process, paid for the worker?EUR??,,????'?????<???EUR?s transportation, housing and other fees.
Other landscape related associations also oppose the H-2B visa, Sandy Munley, executive director of the Ohio Landscape Association, said ''I applaud PLANET for taking a bold stand, because the regulations as they stand will make the program unusable.''
For more information on the H-2B visa please visit www.uscis.gov
Francisco Uviña, University of New Mexico
Hardscape Oasis in Litchfield Park
Ash Nochian, Ph.D. Landscape Architect
November 12th, 2025
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