H.R. 6122

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6122 Introduced in House (IH)]

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119th CONGRESS
1st Session
H. R. 6122

To reform the H-2A program for nonimmigrant agricultural workers, and 
for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

November 19, 2025

Mr. Allen introduced the following bill; which was referred to the 
Committee on the Judiciary

_______________________________________________________________________

A BILL

To reform the H-2A program for nonimmigrant agricultural workers, and 
for other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Better Agriculture Resources Now 
Act'' or the ``BARN Act''.

SEC. 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)) is amended--
(1) by striking ``Secretary of Labor'' and inserting 
``Secretary of Agriculture'';
(2) by striking ``and the pressing'' and inserting ``the 
pressing''; and
(3) by striking ``of a temporary'' and all that follows 
through the end and inserting ``, 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) is amended by striking ``Secretary of Labor'' each place such 
term appears and inserting ``Secretary of Agriculture''.
(c) Deemed Approval.--Section 218(c)(3)(A) of such Act (8 U.S.C. 
1188(c)(3)(A)) is amended by inserting before ``In considering'' the 
following: ``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)), as amended by subsection (c), is further amended 
by adding at the end the following: ``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)) is amended--
(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)) is amended by striking the period at the end and 
inserting ``, 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)) is amended by striking ``45'' and inserting 
``30''.
(h) Period of Authorized Nonimmigrant Status.--Section 218(h) of 
such Act (8 U.S.C. 1188(h)) is amended by adding at the end the 
following:
``(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)) 
is amended to read as follows:
``(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) solely by 
virtue of providing such housing allowance.
``(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)), based on a 2-bedroom 
dwelling unit and an assumption of 2 
persons per bedroom.
``(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)), based on a 2-bedroom 
dwelling unit and an assumption of 2 
persons per bedroom.
``(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)), as amended by subsection (h) of 
this Act, is further amended by adding at the end the following:
``(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), or any employee of such a recipient, to enter 
upon the employer's property, unless such recipient or employee has a 
pre-arranged appointment with a specific nonimmigrant having such 
status.''.
(k) Effect of Violations While in United States.--Section 218(f) of 
such Act (8 U.S.C. 1188(f)) is amended to read as follows:
``(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.''.
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