The BARN Act proposes significant reforms to the H-2A nonimmigrant agricultural worker program, primarily by transferring its administration from the Secretary of Labor to the Secretary of Agriculture . It expands the definition of agricultural labor, streamlines the application process by introducing a 15-day deemed approval if deadlines are missed, and reduces the application filing period from 45 to 30 days. The bill also eliminates the "50-percent rule" and permits job offers to include experience requirements. Key provisions include capping the H-2A wage rate at 115 percent of the highest Federal or State minimum wage. It revises housing requirements , allowing employers to provide a housing allowance based on fair market rental rates if a State Governor certifies adequate local housing. The bill also sets the initial period of authorized status at one year, extendable once, and introduces penalties for workers who overstay or have a work lapse of 60 days or more, leading to visa revocation. Furthermore, the Act establishes new grounds for H-2A worker inadmissibility, such as prior overstays or fraud, and bars employers who knowingly hire overstays or engage in fraud, with an affirmative defense for good faith compliance. It also restricts the Legal Services Corporation from providing assistance to H-2A workers unless specific conditions, like prior mediation attempts and worker presence in the U.S., are met.
The BARN Act proposes significant reforms to the H-2A nonimmigrant agricultural worker program, primarily by transferring its administration from the Secretary of Labor to the Secretary of Agriculture . It expands the definition of agricultural labor, streamlines the application process by introducing a 15-day deemed approval if deadlines are missed, and reduces the application filing period from 45 to 30 days. The bill also eliminates the "50-percent rule" and permits job offers to include experience requirements. Key provisions include capping the H-2A wage rate at 115 percent of the highest Federal or State minimum wage. It revises housing requirements , allowing employers to provide a housing allowance based on fair market rental rates if a State Governor certifies adequate local housing. The bill also sets the initial period of authorized status at one year, extendable once, and introduces penalties for workers who overstay or have a work lapse of 60 days or more, leading to visa revocation. Furthermore, the Act establishes new grounds for H-2A worker inadmissibility, such as prior overstays or fraud, and bars employers who knowingly hire overstays or engage in fraud, with an affirmative defense for good faith compliance. It also restricts the Legal Services Corporation from providing assistance to H-2A workers unless specific conditions, like prior mediation attempts and worker presence in the U.S., are met.