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TNLA Green Report Podcast, Season 6, Episode 1: H-2B Updates, Jacob Monty, Monty and Ramirez LLP

⏱️ 31:18 🎤 Curtis Smith, Jacob Monty
AUDIO EPISODE
TNLA Green Report Podcast, Season 6, Episode 1: H-2B Updates, Jacob Monty, Monty and Ramirez LLP
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Chapters

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  • 0:00
    H2B Program Overview
    The host introduces the H2B program as a critical issue for landscape employers, emphasizing its evolving policies and the need for staying informed.
  • 1:54
    H2B Lottery Challenges
    Jacob Monty discusses the oversubscription of H2B visas, the suitability of the program for the landscape industry, and the need for program expansion.
  • 5:07
    Recruitment & Compliance
    Jacob advises employers on strict compliance with Department of Labor regulations, especially regarding US worker recruitment and avoiding illegal chargebacks by labor brokers.
  • 7:44
    Permanent Labor Certification
    The discussion shifts to converting H2B workers to permanent labor certifications as a long-term solution, noting the significant investment involved.
  • 10:46
    Increased Enforcement & Raids
    Jacob warns about increased immigration enforcement, particularly in states outside Texas, and the impact of mandatory detention on undocumented workers.
  • 12:35
    I9 Audits & Worker Rights
    Curtis and Jacob emphasize the importance of I9 audits and compliance, noting that the current administration is focused on US worker rights and investigating non-compliance.
  • 19:13
    Future of H2B
    Jacob offers a hopeful outlook on future immigration reform, suggesting a potential window of opportunity in 2026 for expanding worker programs.
  • 30:27
    Employer Takeaways
    Jacob provides actionable advice for employers, including the necessity of I9 forms, avoiding harboring situations, and performing self-audits to prepare for increased enforcement.

Speakers

C
Curtis Smith
Host — Director of Legislative and Regulatory Affairs for the Texas Nursery and Landscape Association
J
Jacob Monty
Immigration Attorney with Monty and Ramirez LLP

Key Takeaways

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Strictly document efforts to recruit US workers and ensure all positions are genuinely open to them, as the Department of Labor uses testers.

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Be wary of labor brokers charging employees for visa fees or transportation, as this is prohibited and can lead to disbarment from the H2B program.

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Consider converting H2B workers to permanent labor certifications for long-term workforce stability, understanding it's a significant financial investment.

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Conduct regular I9 self-audits to ensure all employees have proper documentation, as enforcement and audits are expected to increase significantly.

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Avoid harboring situations by ensuring any housing provided to employees is through a formal lease with appropriate charges to avoid severe penalties.

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Recognize that racial preferences or favoring immigrant workers over US workers, including US Hispanics, is not permitted and can lead to discrimination charges.

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Engage with elected officials to share experiences with visa programs, as many do not fully understand their importance and impact on businesses and the economy.

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