NALP, others sue DHS over H-2 visa rules

The National Association of Landscape Professionals, along with several allied organizations, has filed a lawsuit against the U.S. Department of Homeland Security and U.S. Citizenship and Immigration Services over a new rule governing the H-2A and H-2B guest worker visa programs.

Federation of Employers and Workers of America et al v. Mayorkas et al challenges a final rule issued by the Biden Administration in December 2024 that went into effect on January 17, 2025. The rule, Modernizing H-2 Program Requirements, Oversight, and Worker Protections, allows DHS to blacklist employers for illegal fees paid by H-2 workers — fees that NALP says employers may not be aware of or have control over in other countries. 

VIDEO: In November, Andrew Bray joined us to talk about how the election may affect landscapers

The rule also grants DHS authority to blacklist employers based on past violations of federal, state, or local labor laws, even if those violations do not involve H-2 program participation.

NALP is joined in the lawsuit by the Federation of Employers and Workers of America, the Outdoor Amusement Business Association, the Seasonal Employment Alliance and the National Council of Agricultural Employers. It was filed in the U.S. District Court for the Southern District of Texas.

The plaintiffs are seeking to have the rule vacated, citing that it violates the Congressional Review Act by reviving a disapproved blacklisting rule, and is arbitrary and capricious in violation of the Administrative Procedure Act.

“This rule provides DHS with labor law oversight which Congress never intended, which is redundant and wasteful," says Andrew Bray, NALP's senior vice president of government relations and membership. "More troubling is the liability imposed on employers and employees that are using the H-2B program the right way."