H.R. 6122: Better Agriculture Resources Now Act

This bill, titled the Better Agriculture Resources Now Act (BARN Act), proposes reforms to the H-2A program which allows for the employment of nonimmigrant agricultural workers in the United States. The main aspects of the bill include the following:

1. Change in Administration

• The responsibility for overseeing the H-2A program would shift from the Secretary of Labor to the Secretary of Agriculture.

2. Revised Definition of Agricultural Labor

• The definition of agricultural labor would be revised to include a broader range of activities related to agricultural commodities, including handling, packing, processing, and transporting agricultural products.

3. Application Review Process

• The Secretary of Agriculture would be required to respond to applications for nonimmigrant worker statuses within 15 days. If no response is provided, the application is automatically approved.

4. Experience Requirements

• Job offers can specify experience requirements, but previous work in the U.S. without proper authorization cannot be counted towards this requirement.

5. Removal of Existing Rules

• The bill eliminates the “50-Percent rule,” which previously required employers to recruit domestic workers before hiring nonimmigrant workers.

6. Wage Regulation Adjustment

• Employers will not be required to pay wage rates greater than 115% of the highest federal or state minimum wage applicable.

7. Application Filing Deadline

• The deadline for employers to file applications for H-2A workers will be reduced from 45 days to 30 days before the intended employment start date.

8. Authorized Nonimmigrant Status

• The duration of authorized stay for these workers would generally be limited to one year, with a possibility for a one-year extension based on employer's recruitment efforts. Workers would need to leave the U.S. for at least two months after two years of employment.

9. Housing Requirements

• Employers must provide housing, at no cost, to all H-2A workers and additional workers in the same occupation whose residences are beyond commuting distance.
• Employers can choose to offer a housing allowance instead of housing if adequate housing is certified to be available in the area.
• Housing must comply with federal or applicable local/state standards.

10. Legal Assistance and Employer Compliance

• The bill places restrictions on the Legal Services Corporation regarding the provision of legal aid to nonimmigrant workers unless specific conditions are met.
• It defines the consequences for employers who engage in fraud or noncompliance with the H-2A program standards, including potential bans on future applications.

11. Effects of Violations

• Nonimmigrants who overstay their visas or engage in illegal activities would face restrictions on future admissions under the H-2A program.

Relevant Companies

• None found