# The BARN Act: What You Need to Know About Agricultural Worker Visas

The BARN Act (Better Agriculture Resources Now Act) makes significant changes to how the H-2A program works—the visa system that allows U.S. farms to hire temporary foreign agricultural workers. Right now, the Department of Labor oversees this program, but this bill would shift that responsibility to the Department of Agriculture. More importantly, it would make it much easier and faster for farmers to bring in temporary workers while making it harder for those workers to challenge their working conditions or stay in the country long-term.

The bill speeds up the application process by cutting the time farmers have to file from 45 days to 30 days, and it adds an automatic approval system—if the Agriculture Department doesn't respond within 15 days, the application is automatically approved. It also caps wage requirements at 115 percent of the minimum wage, meaning farmers wouldn't have to pay more than that even if market conditions would normally demand higher pay. The bill eliminates what's called the "50-percent rule," which previously required farmers to hire a certain percentage of domestic workers first. These changes make it significantly easier for farms to hire foreign workers instead of recruiting American workers.

For the workers themselves, the bill creates stricter limits on how long they can stay. Instead of potentially longer stays, workers would be limited to one year initially, with only one possible one-year extension. If a worker takes a 60-day break from work, their visa is automatically revoked and they must leave the country. The bill also restricts legal aid organizations from helping H-2A workers pursue disputes with employers unless the worker has already tried mediation first, and it prevents legal aid groups from entering farm property without advance permission. Additionally, if a worker overstays their visa or violates any terms of their admission, they're barred from returning for at least five years.

On housing, the bill gives farmers more flexibility—they can either provide housing or offer a housing allowance if a state governor certifies that adequate housing exists in the area. This could reduce costs for farmers but might leave workers scrambling to find affordable housing on their own. Overall, the BARN Act tilts the system significantly toward making it easier for farms to access temporary foreign labor while reducing protections and legal recourse for those workers.

BARN Act

Allen, Rick W.

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.