BARN Act

To reform the H–2A program for nonimmigrant agricultural workers, and for other purposes. 1. Short title This Act may be cited as— (1) the Better Agriculture Resources Now Act (2) the BARN Act 2. H–2A program reforms (a) Definition of agricultural labor or services Section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(a) (1) by striking Secretary of Labor Secretary of Agriculture (2) by striking and the pressing the pressing (3) by striking of a temporary , and the handling, planting, drying, packing, packaging, processing, freezing, grading, storing, or delivering to storage or to market or to a carrier for transportation to market, in its unmanufactured state, any agricultural or horticultural commodity, or (b) Administering official Section 218 of such Act ( 8 U.S.C. 1188 Secretary of Labor Secretary of Agriculture (c) Deemed approval Section 218(c)(3)(A) of such Act ( 8 U.S.C. 1188(c)(3)(A) In considering The Secretary of Agriculture shall review such application and shall provide a determination on the application within 15 days of the date of the filing of the application. If the Secretary does not comply with the deadline in the preceding sentence, the application shall be deemed approved. (d) Experience requirement Section 218(c)(3)(A) of such Act ( 8 U.S.C. 1188(c)(3)(A) A job offer may contain an experience requirement as long as work performed in an illegal status may not be counted towards such requirement. (e) Elimination of 50-Percent rule Section 218(c)(3) of such Act ( 8 U.S.C. 1188(c)(3) (1) by striking (A) (2) by striking subparagraph (B); and (3) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B). (f) Wage rate Section 218(a)(1)(B) of such Act ( 8 U.S.C. 1188(a)(1)(B) , except that no employer shall be required to pay a wage rate greater than 115 percent of the greatest of the Federal and State minimum wage rates. (g) Deadline for filing applications Section 218(c)(1) of such Act ( 8 U.S.C. 1188(c)(1) 45 30 (h) Period of authorized nonimmigrant status Section 218(h) of such Act ( 8 U.S.C. 1188(h) (3) The initial period of authorized status as a nonimmigrant described in section 101(a)(15)(H)(ii)(a) shall not exceed 1 year. Such period may be extended once by the Secretary of Homeland Security for a period of up to 1 year, except that such extension may be granted only if the Secretary of Agriculture determines that the employer has engaged in the positive recruitment efforts described in subsection (b)(4) (including the obligation to circulate the employer’s job offer through the interstate employment service system). In the case of a nonimmigrant who has remained in the United States for the full 2-year period, the nonimmigrant shall be obliged to depart the United States and shall not be eligible to re-apply for a visa to re-enter the United States as such a nonimmigrant for a period of 2 months. If at any time during a period of authorized admission the alien has a work lapse period of 60 days or more, the visa of the alien shall be deemed revoked and the alien shall be required to depart from the United States, except that if an employer has applied for a certification under subsection (a)(1) with respect to an alien who has a work lapse of 60 days or less, such period shall not begin until after the Secretary has made a determination on the application consistent with subsection (c). . (i) Housing Section 218(c)(4) of such Act ( 8 U.S.C. 1188(c)(4) (4) Housing requirement (A) In general Except as provided under subparagraph (F), each employer applying for workers under subsection (b) shall offer to provide housing at no cost to— (i) all workers in job opportunities for which the employer has applied; and (ii) all other workers in the same occupation at the same place of employment whose place of residence is beyond normal commuting distance. (B) Compliance An employer meets the requirement under subparagraph (A) if the employer— (i) provides the workers with housing that meets applicable Federal standards for temporary labor camps; or (ii) secures housing for the workers that— (I) meets applicable local standards for rental or public accommodation housing, or other substantially similar class of habitation; or (II) in the absence of applicable local standards, meets State standards for rental or public accommodation housing or other substantially similar class of habitation. (C) Inspection (i) Request At the time an employer that plans to provide housing described in subparagraph (B) to H–2A workers files an application for H–2A workers with the Secretary of Agriculture, the employer shall request a certificate of inspection by an approved Federal or State agency. (ii) Inspection; followup Not later than 28 days after the receipt of a request under clause (i), the Secretary of Agriculture shall ensure that— (I) such an inspection has been conducted; and (II) any necessary followup has been scheduled to ensure compliance with the requirements under this paragraph. (iii) Delay prohibited The Secretary of Agriculture may not delay the approval of an application for failing to comply with the deadlines set forth in clause (ii). (D) Rulemaking The Secretary of Agriculture shall issue regulations that address the specific requirements for the provision of housing to workers engaged in the range production of livestock. (E) Housing allowance (i) Authority If the Governor of a State certifies to the Secretary of Agriculture that there is adequate housing available in the area of intended employment for migrant farm workers and H–2A workers who are seeking temporary housing while employed in agricultural work, an employer in such State may provide a reasonable housing allowance instead of offering housing pursuant to subparagraph (A). An employer who provides a housing allowance to a worker shall not be required to reserve housing accommodations for the worker. (ii) Assistance in locating housing Upon the request of a worker seeking assistance in locating housing, an employer providing a housing allowance under clause (i) shall make a good faith effort to assist the worker in identifying and locating housing in the area of intended employment. (iii) Limitation A housing allowance may not be used for housing that is owned or controlled by the employer. An employer who offers a housing allowance to a worker, or assists a worker in locating housing which the worker occupies under this subparagraph shall not be deemed a housing provider under section 203 of the Migrant and Seasonal Agricultural Worker Protect Act ( 29 U.S.C. 1823 (iv) Other requirements (I) Nonmetropolitan county If the place of employment of the workers provided an allowance under this subparagraph is a nonmetropolitan county, the amount of the housing allowance under this subparagraph shall be equal to the statewide average fair market rental for existing housing for nonmetropolitan counties for the State, as established by the Secretary of Housing and Urban Development pursuant to section 8(c) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(c) (II) Metropolitan county If the place of employment of the workers provided an allowance under this subparagraph is in a metropolitan county, the amount of the housing allowance under this subparagraph shall be equal to the statewide average fair market rental for existing housing for metropolitan counties for the State, as established by the Secretary of Housing and Urban Development pursuant to section 8(c) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(c) (v) Information If the employer provides a housing allowance to H–2A employees, the employer shall provide a list of the names and local addresses of such workers to the Secretary of Agriculture and the Secretary of Homeland Security once per contract period. . (j) Legal assistance from the Legal Services Corporation Section 218(h) of such Act ( 8 U.S.C. 1188(h) (4) (A) The Legal Services Corporation may not provide legal assistance for, or on behalf of, any alien, and may not provide financial assistance to any person or entity that provides legal assistance for, or on behalf of, any alien, unless— (i) the alien is present in the United States at the time the legal assistance is provided; and (ii) the parties to the dispute have attempted, in good faith, mediation or other non-binding dispute resolution of all issues involving all such parties. (B) If an employer and a nonimmigrant having status under section 101(a)(15)(H)(ii)(a) have an arbitration arrangement, the Legal Services Corporation shall respect the arbitration process and outcome. (C) No employer of a nonimmigrant having status under section 101(a)(15)(H)(ii)(a) shall be required to permit any recipient of a grant or contract under section 1007 of the Legal Services Corporation Act ( 42 U.S.C. 2996f . (k) Effect of violations while in United States Section 218(f) of such Act ( 8 U.S.C. 1188(f) (f) Effect of violations (1) Overstays An alien may not be admitted to the United States as a nonimmigrant having status under section 101(a)(15)(H)(ii)(a) if the alien was admitted to the United States as such a nonimmigrant within the previous 5-year period and the alien remained after the alien’s period of authorized admission expired or otherwise violated a term or condition of such previous admission. (2) Fraud An alien may not be admitted to the United States as a nonimmigrant having status under section 101(a)(15)(H)(ii)(a) if the alien was admitted to the United States as such a nonimmigrant on the basis of fraud. (3) Other crimes An alien may not be admitted to the United States as a nonimmigrant having status under section 101(a)(15)(H)(ii)(a) if the alien was admitted to the United States as such a nonimmigrant and committed an offense that rendered the alien deportable while in the United States pursuant to such admission. (4) Employer bar The Secretary of Agriculture may not issue a certification under subsection (a) with respect to an employer if the Secretary finds, after notice and an opportunity for a hearing, that the employer knowingly hired an H–2A worker whose period of authorized admission had expired or that the employer otherwise engaged in fraud or misrepresentation with respect to the program for the admission of such workers into the United States. The Secretary of Homeland Security shall not thereafter approve petitions filed by such employer under section 214(c). An employer that establishes that it has complied in good faith with the requirements of this Act has established an affirmative defense in an action brought under this paragraph. .

Summary: 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.