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TNLA Green Report Podcast, Season 6, Episode 7: H-2B Program Updates, Jacob Monty, Monty & Ramirez LLP

⏱️ 31:18 🎤 Curtis Smith, Jacob Monty
AUDIO EPISODE
TNLA Green Report Podcast, Season 6, Episode 7: H-2B Program Updates, Jacob Monty, Monty & Ramirez LLP
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Chapters

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  • 0:00
    H-2B Program Overview
    The host introduces Jacob Monty to discuss the evolving H-2B program and its critical importance for seasonal hiring in the landscape industry.
  • 1:52
    H-2B Visa Scarcity
    Jacob Monty explains that the H-2B visa program is severely oversubscribed, with current visa limits being insufficient for the country's needs, despite being ideal for the landscape industry's seasonal work.
  • 5:07
    Compliance and Pitfalls
    Monty warns against common pitfalls like inadequate US worker recruitment documentation and illegal charge-backs by labor brokers, emphasizing increased scrutiny from the Department of Labor.
  • 7:40
    Permanent Labor Certifications
    Some employers are converting H-2B positions to permanent labor certifications to build a stable workforce, a process that is costly but provides a long-term solution.
  • 11:26
    Increased Enforcement Risks
    Jacob discusses the growing risk of immigration enforcement, particularly regarding 'driving while undocumented' incidents in Texas and devastating raids in other states.
  • 13:24
    Employer Compliance Emphasis
    The host and Jacob stress the heightened importance of I-9 self-audits and strict compliance with immigration laws, noting that the current administration is actively pursuing non-compliance.
  • 19:58
    Future Immigration Reform
    Jacob and the host express optimism for potential immigration reform by 2026, citing the secure southern border and a business-owner president as factors that could drive change.
  • 35:32
    Final Compliance Takeaways
    Jacob provides essential, actionable advice for employers: ensure every employee has an I-9, avoid harboring situations, and conduct regular self-audits due to anticipated increased enforcement.

Speakers

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

Key Takeaways

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Prioritize H-2B compliance, as it's critical for sustained seasonal hiring and avoiding penalties.

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Rigorously document all efforts to recruit US workers, as the Department of Labor is scrutinizing these claims more closely than ever.

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Never tell US worker applicants that positions are unavailable due to returning H-2B workers; all positions must appear genuinely open to US applicants.

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Be wary of labor brokers charging H-2B workers for visa fees or transportation, as this is prohibited and can lead to disbarment from the program.

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Consider converting some H-2B positions to permanent labor certifications for key roles like supervisors and foremen, even though it's a significant investment.

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Conduct I-9 self-audits regularly and ensure all employees have a valid I-9; a late I-9 is better than none.

✦

Avoid harboring situations by not renting company-owned housing to employees without a formal lease and charging fair market rent to prevent 'harboring' charges with severe penalties.

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