01/12/2026
JKJ OPINION - CONCLUSION
There is no need for multiple fixes.
At this point in time, we do not know if one, two, three, four or zero of the fixes will be included in the final DHS Appropriations Bill for FY26.
We do not even know if there will be a DHS Appropriations Bill for FY26 that is provided to the President for his signature or if Congress will simply pass a Continuing Resolution for DHS in January, until the end of the Fiscal Year.
Although there are positive outcomes for each of the options, if multiple fixes pass, there may be unintended consequences that would not provide positive outcomes H2B Employers.
If none of the fixes pass, then we may be back to the current uncertainty of supplemental visa authorization or even that could be stripped from a CR and we could be left with nothing.
If the P-4 language could be adjusted to ensure that my regulatory concerns are fully addressed, then the P-4 could be viable, with very limited impact on any other industry. Without the guardrails that I am proposing, I am not confident that the P-4 option is viable.
The reclassification of Landscapers from H2B to H2A would have a positive impact on opening up visa slots for all other H2B industries, but eventually the need for H2B workers will grow and the 66,000 statutory cap will be hit again, and we will all (except the landscapers) be in the same situation we are today.
I do not feel that this fix has broad support from any industry group or powerful Member of Congress and would probably fail.
Allowing H2A employers to file for year-round positions would have a positive impact on those types of agriculture but would have little or no real impact on all other H2B employers. I do not see any broad support for this from any industry group or powerful Member of Congress and this one would probably fail
The CSE is the only option on the table that could be considered a permanent solution or a viable steppingstone to a permanent solution, ready to enact and put into place in a reasonable amount of time after passage.
I would like to see my concerns mentioned above addressed in the Senate (and final bill) prior to passage, but even without adjustments it is still the most viable option for the largest number of employers, including the Mobile Entertainment Industry.
This particular YODA thinks that the various trade organizations, lobbyists, consultants and employers should get behind the CSE and focus on a single, achievable goal, and get it done NOW.