H.R. 1778: BARN Act

Better Agriculture Resources Now Act or the BARN Act

This bill revises the H-2A visa program (temporary agricultural workers), moves administration of the program from the Department of Labor to the Department of Agriculture, and addresses other immigration issues.

The bill eliminates a statutory provision calling for the 50% rule, which requires an H-2A employer to hire any qualified U.S. applicants until half of the time period on an H-2A worker's contract has elapsed.

The bill also revises requirements for employer-provided housing or housing allowances for H-2A workers, including standards for such accommodations. The employer shall request an inspection to certify that the housing meets the required standards.

An employer shall not be required to pay an H-2A worker more than 115% of the federal or applicable state minimum wage, whichever is higher.

Non-U.S. nationals (aliens under federal law) admitted as H-2A workers who overstay their visas are barred from the program for five years. Individuals admitted on the basis of fraud or who commit certain crimes are barred permanently. Employers who knowingly hire H-2A workers who overstay their visas or employers who engage in fraud or misrepresentation shall be barred from the program.

The bill also prohibits the Legal Services Corporation (LSC) from providing legal assistance for a non-U.S. national unless (1) the non-U.S. national is present in the United States, and (2) the parties have attempted to mediate in good faith. An H-2A employer is not required to allow an entity receiving LSC funding to enter the employer's property without an appointment with a specific H-2A worker.