PRIA Logo™
119-hr-6122119th CongressWALLET

BARN Act

Sponsored By: Representative Allen, Rick W. [R-GA-12]

Introduced

Summary

Reshapes the H-2A guest worker program. It would move administration from the Department of Labor to the Department of Agriculture and expand which farm and agricultural tasks qualify for temporary worker visas.

Show full summary
  • Workers: The bill would broaden the definition of agricultural labor to include tasks like planting, packing, processing, grading, storing, and delivering unmanufactured produce. It would require no-cost employer housing or allow a state-certified housing allowance and set an initial admission period of 1 year with a 2-year total cap.
  • Employers and process: Oversight would shift to Agriculture, and applications would face faster timelines with a 15-day review that can lead to deemed approval if missed. The bill would also allow experience requirements that exclude time worked in unlawful status and set a wage ceiling at 115% of the higher of the federal or state minimum wage.
  • Enforcement and legal access: The bill would tighten enforcement by barring certification for employers who knowingly hire expired workers or commit fraud. It would limit Legal Services Corporation representation in certain cases and create a good-faith compliance defense for employers.

Personalized for You

How does this bill affect your finances?

Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.

Free to download

Bill Overview

Analyzed Economic Effects

8 provisions identified: 1 benefits, 3 costs, 4 mixed.

More farm tasks qualify for H-2A jobs

If enacted, tasks like handling, planting, drying, packing, packaging, processing, freezing, grading, storing, and delivering crops to storage or to a carrier would count as farm work if the product is unmanufactured. This could let more jobs and worksites use the H-2A program.

Shorter H-2A stays and 60-day gap rule

If enacted, H-2A status would start at up to 1 year. One extension up to 1 more year would be allowed only if the employer did required recruitment, including the interstate job system. No one could stay more than 2 years total, and then must leave for 2 months before reapplying. A work gap of 60 days or more would revoke the visa and require departure, except when a short‑gap certification is pending.

Stricter H-2A eligibility and hiring penalties

If enacted, people could be denied H-2A admission if in the past 5 years they overstayed or broke H-2A terms, were admitted by fraud, or committed a deportable offense while admitted. Employers found to knowingly hire workers after their admission expired, or who used fraud or misrepresentation, could be denied H-2A certifications; DHS would not approve their petitions. Employers could claim a good‑faith compliance defense. Employers could set job experience rules, but time worked while in illegal status could not count toward experience.

Tighter access to legal aid for noncitizens

If enacted, the Legal Services Corporation could only help a noncitizen if the person is in the U.S. when helped and both sides tried good‑faith mediation first. LSC would have to honor employer‑worker arbitration agreements. Employers could bar LSC staff from entering their property unless there is a pre‑arranged appointment with the worker.

Free housing or allowance for H-2A workers

If enacted, H-2A employers would have to provide free housing for workers who cannot commute. A governor could allow a housing allowance instead, set to the statewide HUD fair‑market rent for a 2‑bedroom home (two people per bedroom). Employers would need to help workers find housing, cannot force use of employer housing, and must report workers’ names and local addresses once per contract. Housing would have to meet federal, local, or state standards. USDA would issue special rules for range livestock workers.

Limit farm visa pay to 115% of minimum wage

If enacted, employers would not have to pay more than 115% of the higher of the federal or state minimum wage for H-2A jobs. In some places, this could lower required pay for workers. Employers could face more predictable wage costs.

Move H-2A oversight to Agriculture Department

If enacted, the H-2A program would move from the Labor Department to the Agriculture Department. The Agriculture Secretary would run and enforce the program. This could change how rules are applied and how employers and workers comply.

Faster decisions and inspections for H-2A

If enacted, the Agriculture Secretary would have 15 days to decide H-2A applications; if no decision, they would be deemed approved. Some filing deadlines would shorten from 45 days to 30 days. If an employer requests a housing inspection when filing, it must be done or scheduled within 28 days, and approval could not be delayed for missing that 28‑day timeline.

Sponsors & CoSponsors

Sponsor

Allen, Rick W. [R-GA-12]

GA • R

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

View on Congress.gov
Back to Legislation