Digger magazine

Written to make you a nursery industry expert.

  • FWS-2025-NEW-September_728x90.png
  • NurseryGuide2024-728x90-1.png
  • Digger-Employment_banner-2020-728x90px.jpg
  • FWS-2025-NEW-September_728x90.png
  • Media-Kit-DM-com-banner-2025-728x90-1.png
  • Home
  • Articles
    • Nursery News
    • Features
    • Plants
    • Growing Knowledge
    • Operations
    • Nursery Country
  • Issues
  • Events
  • Farwest
  • Columns
    • Director’s Desk
    • Mike Darcy
    • President’s Message
  • Employment Classifieds
  • Advertise
  • Subscribe to Digger
You are here: Home / Nursery News / New H-2B regulations may present hurdles for small businesses

New H-2B regulations may present hurdles for small businesses

By Peter Szymczak — Posted May 6, 2015

The U.S. Department of Homeland Security and the U.S. Department of Labor released new H-2B visa regulations last week after previous versions were struck down by a federal judge. The new rules go into effect this week.

While larger employers may be able to follow the rules, added requirements may make it more difficult for smaller employers to use the H-2B program, said Daniel Kowalski of the Fowler Law Firm in Austin, Texas.

The new interim final rule is very similar to the 2012 final rule, but includes new recruitment requirements and mandates that a job remain available to U.S. workers until 21 days before the employer needs to fill the job. The rule also adopts a registration process for employers that mandates they show their temporary labor need, reinstates a “compliance-based certification model” that was used before the 2008 rule, and adds “worker protections,” like upping the number of hours needed for full-time employment status.

“An unintended consequence of this will be to fuel, or refuel, the shadow economy,” Kowalski said. He noted that these new regulations may also prompt further litigation, since the 2012 rule was also laborious for small businesses to follow. The only way to achieve real H-2B relief is to force Congress to amend the statute to be more workable and specific, Kowalski said.

Last month, AmericanHort issued an action alert asking members of the green industry to urge federal officials to fix the H-2B program. “Even if you don’t use the program, it hurts the whole green industry when we suffer from labor shortages resulting from bureaucratic dysfunction and visa program chaos,” said Craig Regelbrugge, AmericanHort’s senior vice president in charge of public policy and government relations.

If this issue directly affects your company, AmericanHort recommends calling your members of Congress through the U.S. Capitol switchboard at 202-225-3121 and request to set up an appointment with your representative or their staff.

Share this:

  • Click to email a link to a friend (Opens in new window) Email
  • Click to print (Opens in new window) Print
  • Click to share on Facebook (Opens in new window) Facebook
  • Click to share on LinkedIn (Opens in new window) LinkedIn
  • Click to share on X (Opens in new window) X
  • More
  • Click to share on Reddit (Opens in new window) Reddit
  • Click to share on Tumblr (Opens in new window) Tumblr
  • Click to share on Pinterest (Opens in new window) Pinterest
  • Click to share on Pocket (Opens in new window) Pocket

Filed Under: Nursery News Tagged With: Legal, Regulations

About Peter Szymczak

Peter Szymczak is the publications manager at the Oregon Association of Nurseries. He writes for and designs Digger magazine.

NURSERY NEWS

In Memoriam: Melvin John Steffenson

New USDA Census of Hort arriving in mailboxes this month

Oregon Association of Nurseries honors the industry’s best at 2024 Convention

Eason Horticultural Resources is now employee-owned

Oregon’s nursery licensing program aims to keep the entire industry healthy

Building trust is key to establishing clientele base for new nurseries

Five owners share their experiences on what it takes to start a nursery businesses

Bailey hires new CFO and chief HR officer

More Nursery News

From the pages of Digger

May 2025: Sustainability Issue

April 2025: The Tree Issue

March 2025: The Perennial Issue

February 2025: The Greenhouse Issue

January 2025: The Retail Issue

More issues of Digger

Pests and Diseases

Prioritizing nursery pest challenges

New tools in the battle against thrips

Aiming for precision in pest control

Oregon’s nursery licensing program aims to keep the entire industry healthy

$250,000 shifted to P. austrocedri research

More articles

FARWEST SHOW UPDATES

Sense of excitement prevailed at Farwest as nursery industry ‘Meets the Future’ 

Farwest Show attendees select favorites for the Retailers’ Choice Awards

Starway to Heaven™ Japanese Snowbell wins People’s Choice balloting at Farwest Show New Varieties Showcase

Hopper Bros. wins Best in Show booth award at 2024 Farwest Show   

Starway to Heaven™ Japanese Snowbell wins Judges’ Best in Show at Farwest Show New Varieties Showcase

More Updates from Farwest

The Value of Membership

Meet the leader: Sam Pohlschneider

OAN honors the industry’s best

Oregon Association of Nurseries honors the industry’s best at 2024 Convention

More member stories

​

Updates to exisiting subscriptions can be sent to [email protected]

News

  • Nursery News
  • Growing Knowledge
  • Nursery Operations

Features

  • Plant Features
  • OAN Members
  • Oregon Nursery Country

Columns

  • Director’s Desk
  • Mike Darcy
  • President’s Message
  • Digital Growth

Resources

  • OAN Home Page
  • Job Listings
  • Subscribe to Digger
  • Advertise in Digger
  • Online Plant Search

© 2025 Oregon Association of Nurseries