BREAKING: House Appropriations Committee Passes Bipartisan Amendment to Expand H-2B Cap Relief for Certified Seasonal Employers

In a significant bipartisan move, the House Appropriations Committee has adopted by voice vote an en bloc amendment to the Fiscal Year 2026 Department of Homeland Security Appropriations bill that could bring meaningful H-2B visa cap relief to seasonal employers across the United States.

The amendment, offered by Rep. Andy Harris (R-MD), contains several critical provisions that would benefit employers reliant on temporary and seasonal labor. Chief among them is the creation of a Certified Seasonal Employer cap exemption—a game-changing measure for long-time H-2B program users facing the unpredictability of the annual visa cap.

Key Provisions of the Amendment

The amendment includes the following four components:

1. Certified Seasonal Employer Cap Exemption
   Under this provision, any employer that received an H-2B labor certification in fiscal years 2021 through 2025 would be designated a "Certified Seasonal Employer." These employers would be exempt from the annual H-2B cap for the highest number of workers they were certified to employ during those years. If an employer seeks to hire more workers than that historical high, the additional requests would be subject to the cap.

2. Clarification of Temporary and Seasonal Definitions for H-2A
   The amendment also aims to bring clarity to the definitions of "temporary" and "seasonal" as they pertain to agricultural workers under the H-2A visa category—an issue that has long created uncertainty for employers in that sector.

3. Blocking Implementation of the DHS “Modernizing H-2” Rule
   The measure would prevent the Department of Homeland Security from implementing its recently proposed “Modernizing H-2 Program Requirements, Oversight, and Worker Protections” rule, which many employers argue would impose undue regulatory burdens without addressing the program’s core issues.

4. P-Visa Access for Mobile Carnivals and Circuses
   In a nod to niche industries that depend on specialized international talent, the amendment would allow mobile carnivals and circuses to access the P-visa category, which is currently used for artists and entertainers.

Bipartisan Support Across the Aisle

The amendment received vocal support from both Republicans and Democrats during the debate. Those speaking in favor included:

• Subcommittee Chair Mark Amodei (R-NV)

• Subcommittee Ranking Member Lauren Underwood (D-IL)

• Rep. Andy Harris (R-MD), the amendment’s sponsor

• Rep. Chuck Edwards (R-NC)

• Rep. Sanford Bishop (D-GA)

• Rep. Henry Cuellar (D-TX)

• Rep. Dan Newhouse (R-WA)

• Rep. Chellie Pingree (D-ME)

• Rep. Veronica Escobar (D-TX)

This wide-ranging support underscores the importance of the H-2B program across different regions and industries, from hospitality and landscaping to seafood processing and construction.

The Road Ahead

While the amendment passed easily, the overall Homeland Security Appropriations bill is expected to face stiff opposition on the House floor, likely passing along party lines with most Democrats opposing the broader funding measure. Notably, in 2023, similar H-2B language was stripped by the House Rules Committee before the bill reached the floor.

To avoid a repeat, Chairman Amodei urged members to engage with the House Judiciary and Rules Committees to preserve the language. Continued grassroots advocacy will be essential to ensuring this provision survives the legislative process.

What This Means for Employers

If this provision makes it into the final appropriations law, it would offer unprecedented predictability and flexibility for long-standing H-2B users—many of whom face staffing shortages year after year due to the arbitrary visa cap.

Employers who qualify as Certified Seasonal Employers could secure workforce continuity without relying on supplemental cap releases or costly lottery odds. It would also allow them to grow strategically, knowing that cap-exempt status applies up to their historical peak need.

Stay Engaged

As the bill heads to the House floor, now is the time to engage with your elected representatives and urge them to support this crucial amendment. Advocacy efforts played a significant role in getting the amendment adopted in committee—keeping the momentum going will be critical in the days ahead.

We will continue to monitor developments and provide updates on the floor schedule and next steps.

For questions about how this amendment could affect your business or how to get involved in advocacy efforts, contact the Mualem Firm today.