The BARN Act reforms the H-2A visa program that brings temporary foreign agricultural workers to the United States. The bill transfers control of the program from the Department of Labor to the Department of Agriculture and streamlines the application process by reducing the filing deadline from 45 to 30 days and requiring approvals within 15 days (with automatic approval if the deadline is missed). The legislation expands the types of agricultural work covered by the program to include handling, processing, packaging, and storing of crops, and eliminates the current 50-percent rule that requires employers to hire a certain percentage of domestic workers. Key changes also include capping wage requirements at 115 percent of the federal or state minimum wage (whichever is higher), limiting initial worker visas to one year with possible one-year extensions, requiring a two-month waiting period before workers can reapply after a two-year stint, and restricting work lapses to no more than 60 days. The bill modifies housing requirements to allow states with adequate housing to offer housing allowances instead, and it limits Legal Services Corporation assistance to H-2A workers and restricts union and advocacy group access to employer worksites without prior arrangement.
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