II 

115TH CONGRESS 

1ST SESSION S. 1034 

To improve agricultural job opportunities, benefits, and security for aliens 

in the United States, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 3, 2017 

Mrs. FEINSTEIN (for herself, Mr. LEAHY, Mr. BENNET, Ms. HIRONO, and Ms. 

HARRIS) introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To improve agricultural job opportunities, benefits, and security for aliens in the United States, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Agricultural Worker Program Act of 2017’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—PROGRAM FOR EARNED STATUS ADJUSTMENT OF 

AGRICULTURAL WORKERS 


SSpencer on DSK4SPTVN1PROD with BILLS
2 

•S 1034 IS

Sec. 101. Blue card status. 

Sec. 102. Adjustment to permanent resident status. 

Sec. 103. Use of information. 

Sec. 104. Reports on blue cards. 

Sec. 105. Authorization of appropriations. 

TITLE II—CORRECTION OF SOCIAL SECURITY RECORDS 

Sec. 201. Correction of Social Security records. 

TITLE III—DEFINITIONS 

Sec. 301. Definitions. 

1 TITLE I—PROGRAM FOR 

2 EARNED STATUS ADJUST3 MENT OF AGRICULTURAL 

4 WORKERS 

5 SEC. 101. BLUE CARD STATUS. 

6 (a) REQUIREMENTS FOR BLUE CARD STATUS.—Not7 withstanding any other provision of law, the Secretary, 

8 may grant blue card status to an alien who— 

9 (1)(A) has completed qualified work; 

10 (B)(i) is the spouse or child of an alien de11 scribed in subparagraph (A); 

12 (ii) was physically present in the United States 

13 on or before the date of the enactment of this Act; 

14 and 

15 (iii) has maintained continuous presence in the 

16 United States from that date until the date on which 

17 the alien is granted blue card status; or 

18 (C) is, or has been, a nonimmigrant alien ad19 mitted to the United States for agricultural employVerDate Sep 11 2014 03:37 May 09, 2017 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1034.IS S1034

SSpencer on DSK4SPTVN1PROD with BILLS
3 

•S 1034 IS

1 ment described in section 101(a)(15)(H)(ii)(a) of 

2 such Act who has completed qualified work; 

3 (2) is not ineligible under subsection (d)(2); 

4 (3) submits a completed application before the 

5 end of the period set forth in subsection (b)(3); 

6 (4) passes the national security and law en7 forcement clearances required under subsection 

8 (d)(1) to the satisfactory of the Secretary; and 

9 (5) pays the required processing fees and pen10 alties in accordance with subsection (e). 

11 (b) APPLICATION.— 

12 (1) SUBMISSION REQUIREMENTS.—An alien de13 scribed in subsection (a)(1) who is seeking blue card 

14 status shall submit an application— 

15 (A) to the Secretary, with the assistance of 

16 an attorney or a nonprofit religious, charitable, 

17 social service, or similar organization recognized 

18 by the Board of Immigration Appeals under 

19 section 292.2 of title 8, Code of Federal Regu20 lations; or 

21 (B) to a qualified entity if the applicant 

22 consents to the forwarding of the application to 

23 the Secretary. 

24 (2) EVIDENCE OF APPLICATION FILING.—As 

25 soon as practicable after receiving each application 


SSpencer on DSK4SPTVN1PROD with BILLS
4 

•S 1034 IS

1 for blue card status under paragraph (1), the Sec2 retary shall provide the applicant with a document 

3 acknowledging the receipt of such application. 

4 (3) APPLICATION PERIOD.— 

5 (A) INITIAL PERIOD.—Except as provided 

6 in subparagraphs (B) and (C), the Secretary 

7 shall accept applications for blue card status 

8 from aliens in the United States during the 18- 

9 month period beginning on the date on which 

10 the final rule is published in the Federal Reg11 ister pursuant to subsection (j). 

12 (B) EXCEPTION.—Aliens described in sub13 section (a)(1)(C) may apply for blue card status 

14 from outside of the United States. 

15 (C) EXTENSION.—If the Secretary deter16 mines, during the initial period described in 

17 subparagraph (A), that additional time is re18 quired to process applications for blue card sta19 tus or for other good cause, the Secretary may 

20 extend the period for accepting applications for 

21 an additional 18 months. 

22 (4) APPLICATION.— 

23 (A) IN GENERAL.—The application form 

24 referred to in paragraph (1) shall collect such 


SSpencer on DSK4SPTVN1PROD with BILLS
5 

•S 1034 IS

1 information as the Secretary determines nec2 essary and appropriate. 

3 (B) FAMILY APPLICATION.—The Secretary 

4 shall establish a process through which an alien 

5 may submit a single application under this sec6 tion on behalf of the alien and his or her spouse 

7 and children who meet the requirements set 

8 forth in subsection (a)(1)(B). 

9 (5) ADJUDICATION.— 

10 (A) INTERVIEW.—The Secretary may 

11 interview applicants for blue card status to de12 termine whether they meet the eligibility re13 quirements set forth in this section. 

14 (B) FAILURE TO SUBMIT SUFFICIENT EVI15 DENCE.—The Secretary may deny an applica16 tion for blue card status submitted by an alien 

17 who fails to submit evidence of the alien’s eligi18 bility for such status. 

19 (C) NOTICE.—If the Secretary denies an 

20 application for blue card status, the Secretary 

21 shall— 

22 (i) send a written notice to the appli23 cant that provides the applicant with the 

24 basis for denial; and 


SSpencer on DSK4SPTVN1PROD with BILLS
6 

•S 1034 IS

1 (ii) provide the alien with an oppor2 tunity to cure the denial within a reason3 able time. 

4 (D) AMENDED APPLICATION.—An alien 

5 whose application for blue card status is denied 

6 under subparagraph (B) may submit an amend7 ed application for such status to the Secretary 

8 if the amended application— 

9 (i) is submitted within the application 

10 period described in paragraph (3); and 

11 (ii) contains all the required informa12 tion and fees that were missing from the 

13 initial application. 

14 (E) ADDITIONAL PROCEDURES.—The Sec15 retary may utilize the procedures set forth in 

16 sections 103.2 and 103.3 of title 8, Code of 

17 Federal Regulations, as in effect on the date of 

18 the enactment of this Act, to adjudicate re19 quests for blue card status to the extent such 

20 procedures are consistent with the requirements 

21 under this section. 

22 (6) EVIDENCE OF BLUE CARD STATUS.— 

23 (A) IN GENERAL.—The Secretary shall 

24 issue documentary evidence of blue card status 


SSpencer on DSK4SPTVN1PROD with BILLS
7 

•S 1034 IS

1 to each alien whose application for such status 

2 has been approved. 

3 (B) DOCUMENTATION FEATURES.—Docu4 mentary evidence provided under subparagraph 

5 (A)— 

6 (i) shall be machine-readable and tam7 per-resistant; 

8 (ii) shall contain a digitized photo9 graph; 

10 (iii) shall, during the alien’s author11 ized period of admission, and any exten12 sion of such authorized admission, serve as 

13 a valid travel and entry document for the 

14 purpose of applying for admission to the 

15 United States; 

16 (iv) may be accepted during the pe17 riod of its validity by an employer as evi18 dence of employment authorization and 

19 identity under section 274A(b)(1)(B) of 

20 the Immigration and Nationality Act (8 

21 U.S.C. 1324a(b)(1)(B)); and 

22 (v) shall include such other features 

23 and information as the Secretary may pre24 scribe. 


SSpencer on DSK4SPTVN1PROD with BILLS
8 

•S 1034 IS

1 (c) SPECIAL RULES FOR BLUE CARD APPLICANTS

2 AND ALIENS ELIGIBLE FOR BLUE CARD STATUS.— 

3 (1) ALIENS APPREHENDED BEFORE OR DURING

4 THE APPLICATION PERIOD.—If an alien, who is ap5 prehended during the period beginning on the date 

6 of the enactment of this Act and ending on the last 

7 day of the application period described in paragraph 

8 (3), appears prima facie eligible for blue card status, 

9 the Secretary— 

10 (A) shall provide the alien with a reason11 able opportunity to submit an application for 

12 such status under this section during such ap13 plication period; and 

14 (B) may not remove the individual until a 

15 final administrative determination is made on 

16 the application. 

17 (2) ALIENS IN REMOVAL PROCEEDINGS.—Not18 withstanding any other provision of the Immigration 

19 and Nationality Act (8 U.S.C. 1101 et seq.) if an 

20 alien is in removal, deportation, or exclusion pro21 ceedings during the period beginning on the date of 

22 the enactment of this Act and ending on the last day 

23 of the application period described in subsection 

24 (b)(3) and is prima facie eligible for blue card status 

25 under this section, upon motion by the Secretary 


SSpencer on DSK4SPTVN1PROD with BILLS
9 

•S 1034 IS

1 and with the consent of the alien or upon motion by 

2 the alien, the Executive Office for Immigration Re3 view shall— 

4 (A) terminate such proceedings without 

5 prejudice to future proceedings; and 

6 (B) permit the alien a reasonable oppor7 tunity to apply for such status. 

8 (3) TREATMENT OF ALIENS PREVIOUSLY OR9 DERED REMOVED.— 

10 (A) IN GENERAL.—If an alien who meets 

11 the eligibility requirements set forth in sub12 section (a) is present in the United States and 

13 has been ordered excluded, deported, or re14 moved, or ordered to depart voluntarily from 

15 the United States under any provision of the 

16 Immigration and Nationality Act— 

17 (i) notwithstanding such order or sec18 tion 241(a)(5) of the Immigration and Na19 tionality Act (8 U.S.C. 1231(a)(5)), the 

20 alien may apply for blue card status under 

21 this section; and 

22 (ii) if the alien is granted such status, 

23 the alien may file a motion to reopen the 

24 exclusion, deportation, removal, or volVerDate Sep 11 2014 03:37 May 09, 2017 Jkt 069200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1034.IS S1034

SSpencer on DSK4SPTVN1PROD with BILLS
10 

•S 1034 IS

1 untary departure order, which motion shall 

2 be granted. 

3 (B) LIMITATIONS ON MOTIONS TO RE4 OPEN.—The limitations on motions to reopen 

5 set forth in section 240(c)(7) of the Immigra6 tion and Nationality Act (8 U.S.C. 1229a(c)(7)) 

7 shall not apply to motions filed under subpara8 graph (A)(ii). 

9 (4) PERIOD PENDING ADJUDICATION OF APPLI10 CATION.—During the period beginning on the date 

11 on which an alien applies for blue card status under 

12 this section and ending on the date on which the 

13 Secretary makes a final decision regarding such ap14 plication, the alien— 

15 (A) is eligible to apply for advance parole; 

16 (B) may not be detained by the Secretary 

17 or removed from the United States unless the 

18 Secretary makes a prima facie determination 

19 that such alien is, or has become, ineligible for 

20 blue card status under subsection (d)(2); 

21 (C) shall not be considered unlawfully 

22 present under section 212(a)(9)(B) of the Im23 migration and Nationality Act (8 U.S.C. 

24 1182(a)(9)(B)); and 


SSpencer on DSK4SPTVN1PROD with BILLS
11 

•S 1034 IS

1 (D) shall not be considered an unauthor2 ized alien (as defined in section 274A(h)(3) of 

3 the Immigration and Nationality Act (8 U.S.C. 

4 1324a(h)(3))). 

5 (5) EFFECT OF DEPARTURE.—Section 101(g) 

6 of the Immigration and Nationality Act (8 U.S.C. 

7 1101(g)) shall not apply to an alien granted— 

8 (A) advance parole under paragraph (4)(A) 

9 to reenter the United States; or 

10 (B) blue card status. 

11 (6) PROTECTION FROM DETENTION OR RE12 MOVAL DURING BLUE CARD STATUS.—An alien 

13 granted blue card status under this section may not 

14 be detained by the Secretary or removed from the 

15 United States unless— 

16 (A) the alien is removable under 237 of the 

17 Immigration and Nationality Act (8 U.S.C. 

18 1227); or 

19 (B) the alien’s blue card status has been 

20 revoked. 

21 (7) DURATION OF STATUS.—Beginning on the 

22 date that is eight years after the date on which reg23 ulations are published under subsection (j), no alien 

24 may remain in blue card status. 


SSpencer on DSK4SPTVN1PROD with BILLS
12 

•S 1034 IS

1 (d) REQUIRED BACKGROUND INVESTIGATIONS AND

2 INELIGIBILITY.— 

3 (1) IN GENERAL.— 

4 (A) BIOMETRIC AND BIOGRAPHIC DATA.— 

5 The Secretary may not grant blue card status 

6 to an alien or an alien dependent spouse or 

7 child under this section unless such alien sub8 mits biometric and biographic data in accord9 ance with procedures established by the Sec10 retary. 

11 (B) ALTERNATIVE PROCEDURES.—The 

12 Secretary shall provide an alternative procedure 

13 for applicants who cannot provide the standard 

14 biometric data required under subparagraph 

15 (A) because of a physical impairment. 

16 (C) DATA COLLECTION.—The Secretary 

17 shall collect, from each alien applying for status 

18 under this section, biometric, biographic, and 

19 other data that the Secretary determines to be 

20 appropriate in order to conduct a background 

21 investigation and determine the alien’s eligi22 bility for blue card status. 

23 (2) GROUNDS FOR INELIGIBILITY.— 

24 (A) IN GENERAL.—Except as provided in 

25 subparagraph (B), an alien is ineligible for blue 


SSpencer on DSK4SPTVN1PROD with BILLS
13 

•S 1034 IS

1 card status if the Secretary determines that the 

2 alien— 

3 (i) has a conviction for— 

4 (I) an offense classified as a fel5 ony in the convicting jurisdiction 

6 (other than a State or local offense 

7 for which an essential element was the 

8 alien’s immigration status, or a viola9 tion of the Immigration and Nation10 ality Act (8 U.S.C. 1101 et seq.)); 

11 (II) an aggravated felony (as de12 fined in section 101(a)(43) of the Im13 migration and Nationality Act (8 

14 U.S.C. 1101(a)(43)) at the time of 

15 the conviction); 

16 (III) three or more misdemeanor 

17 offenses (other than minor traffic of18 fenses or State or local offenses for 

19 which an essential element was the 

20 alien’s immigration status, or viola21 tions of the Immigration and Nation22 ality Act) if the alien was convicted on 

23 different dates for each of the 3 of24 fenses; 


SSpencer on DSK4SPTVN1PROD with BILLS
14 

•S 1034 IS

1 (IV) any offense under foreign 

2 law, except for a purely political of3 fense, which, if the offense had been 

4 committed in the United States, 

5 would render the alien inadmissible 

6 under section 212(a) of the Immigra7 tion and Nationality Act (8 U.S.C. 

8 1182(a)), excluding the paragraphs 

9 set forth in clause (ii), or removable 

10 under section 237(a) of such Act (8 

11 U.S.C. 1227(a)), except as provided in 

12 paragraph (3) of such section 237(a); 

13 or 

14 (V) unlawful voting (as defined 

15 in section 237(a)(6) of the Immigra16 tion and Nationality Act (8 U.S.C. 

17 1227(a)(6))); 

18 (ii) is inadmissible under section 

19 212(a) of the Immigration and Nationality 

20 Act (8 U.S.C. 1182(a)), except that in de21 termining an alien’s inadmissibility— 

22 (I) paragraphs (4), (5), (7), and 

23 (9)(B) of such section 212(a) shall 

24 not apply; 


SSpencer on DSK4SPTVN1PROD with BILLS
15 

•S 1034 IS

1 (II) subparagraphs (A), (C), (D), 

2 (F), and (G) of such section 212(a)(6) 

3 and paragraphs (9)(C) and (10)(B) of 

4 such section 212(a) shall not apply 

5 unless based on the act of unlawfully 

6 entering the United States after the 

7 date of the enactment of this Act; and 

8 (III) paragraphs (6)(B) and 

9 (9)(A) of such section 212(a) shall 

10 not apply unless the relevant conduct 

11 began on or after the date on which 

12 the alien files an application for reg13 istered provisional immigrant status 

14 under this section; 

15 (iii) is an alien who the Secretary 

16 knows or has reasonable grounds to be17 lieve, is engaged in or is likely to engage 

18 after entry in any terrorist activity (as de19 fined in section 212(a)(3)(B)(iv) of such 

20 Act); or 

21 (iv) was, on the date of the enactment 

22 of this Act— 

23 (I) an alien lawfully admitted for 

24 permanent residence; or 


SSpencer on DSK4SPTVN1PROD with BILLS
16 

•S 1034 IS

1 (II) an alien admitted as a ref2 ugee under section 207 of the Immi3 gration and Nationality Act (8 U.S.C. 

4 1157) or granted asylum under sec5 tion 208 of such Act (8 U.S.C. 1158). 

6 (B) WAIVER.— 

7 (i) IN GENERAL.—The Secretary may 

8 waive the application of subparagraph 

9 (A)(i)(III) or any provision of section 

10 212(a) of the Immigration and Nationality 

11 Act (8 U.S.C. 1182(a)) that is not listed in 

12 clause (ii) on behalf of an alien for human13 itarian purposes, to ensure family unity, or 

14 if such a waiver is otherwise in the public 

15 interest. Any discretionary authority to 

16 waive grounds of inadmissibility under 

17 such section 212(a) conferred under any 

18 other provision of the Immigration and 

19 Nationality Act shall apply equally to 

20 aliens seeking blue card status under this 

21 section. 

22 (ii) EXCEPTIONS.—The discretionary 

23 authority under clause (i) may not be used 

24 to waive— 


SSpencer on DSK4SPTVN1PROD with BILLS
17 

•S 1034 IS

1 (I) subparagraph (B), (C), 

2 (D)(ii), (E), (G), (H), or (I) of section 

3 212(a)(2) of such Act; 

4 (II) section 212(a)(3) of such 

5 Act; or 

6 (III) subparagraph (A), (C), (D), 

7 or (E) of section 212(a)(10) of such 

8 Act. 

9 (C) CONVICTION EXPLAINED.—For pur10 poses of this paragraph, the term ‘‘conviction’’ 

11 does not include a judgment that has been ex12 punged, set aside, or the equivalent. 

13 (D) RULE OF CONSTRUCTION.—Nothing in 

14 this paragraph may be construed to require the 

15 Secretary to commence removal proceedings 

16 against an alien. 

17 (e) FEES AND PENALTIES.— 

18 (1) STANDARD PROCESSING FEE.—Aliens 16 

19 years of age or older who are applying for blue card 

20 status under this subsection, or for an extension of 

21 such status, shall pay a processing fee to the De22 partment of Homeland Security in an amount deter23 mined by the Secretary. 

24 (2) RECOVERY OF COSTS.—The processing fee 

25 authorized under paragraph (1) shall be set at a 


SSpencer on DSK4SPTVN1PROD with BILLS
18 

•S 1034 IS

1 level that is sufficient to recover the full costs of 

2 processing the application, including any costs in3 curred— 

4 (A) to adjudicate the application; 

5 (B) to take and process biometric data; 

6 (C) to perform national security and crimi7 nal checks, including adjudication; 

8 (D) to prevent and investigate fraud; and 

9 (E) to administer the collection of such 

10 fee. 

11 (3) AUTHORITY TO LIMIT FEES.—The Sec12 retary may issue regulations— 

13 (A) to limit the maximum processing fee 

14 payable under this subsection by a family, in15 cluding spouses and unmarried children young16 er than 21 years of age; and 

17 (B) to exempt defined classes of individ18 uals from the payment of the fee required 

19 under paragraph (1). 

20 (4) PENALTY.—In addition to the processing 

21 fee required under paragraph (1), aliens applying for 

22 blue card status under this subsection who are 21 

23 years of age or older shall pay a $100 penalty to the 

24 Department of Homeland Security. 


SSpencer on DSK4SPTVN1PROD with BILLS
19 

•S 1034 IS

1 (5) DEPOSIT AND USE OF PROCESSING FEES

2 AND PENALTIES.—Fees and penalties authorized 

3 under this subsection— 

4 (A) shall be deposited into the Immigration 

5 Examinations Fee Account pursuant to section 

6 286(m) of the Immigration and Nationality Act 

7 (8 U.S.C. 1356(m)); and 

8 (B) shall remain available until expended 

9 pursuant to section 286(n) of such Act. 

10 (f) TERMS AND CONDITIONS OF BLUE CARD STA11 TUS.— 

12 (1) CONDITIONS OF BLUE CARD STATUS.— 

13 (A) EMPLOYMENT.—Notwithstanding any 

14 other provision of law, including section 

15 241(a)(7) of the Immigration and Nationality 

16 Act (8 U.S.C. 1231(a)(7)), an alien with blue 

17 card status shall be authorized to be employed 

18 in the United States while in such status. 

19 (B) TRAVEL OUTSIDE THE UNITED

20 STATES.—An alien with blue card status— 

21 (i) may travel outside of the United 

22 States, including commuting to the United 

23 States from a residence in a foreign coun24 try; and 


SSpencer on DSK4SPTVN1PROD with BILLS
20 

•S 1034 IS

1 (ii) may be admitted upon returning 

2 to the United States without having to ob3 tain a visa if— 

4 (I) the alien is in possession of— 

5 (aa) valid, unexpired docu6 mentary evidence of blue card 

7 status that complies with sub8 section (b)(6)(B); or 

9 (bb) a travel document that 

10 has been approved by the Sec11 retary and was issued to the 

12 alien after the alien’s original 

13 documentary evidence was lost, 

14 stolen, or destroyed; 

15 (II) the alien’s absence from the 

16 United States did not exceed 180 

17 days, unless the alien’s failure to 

18 timely return was due to extenuating 

19 circumstances beyond the alien’s con20 trol; and 

21 (III) the alien establishes that he 

22 or she is not inadmissible under sub23 paragraph (A)(i), (A)(iii), (B), or (C) 

24 of section 212(a)(3) of the ImmigraVerDate Sep 11 2014 23:04 May 09, 2017 Jkt 069200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S1034.IS S1034

SSpencer on DSK4SPTVN1PROD with BILLS
21 

•S 1034 IS

1 tion and Nationality Act (8 U.S.C. 

2 1182(a)(3)). 

3 (C) ADMISSION.—An alien granted blue 

4 card status shall be considered to have been ad5 mitted in such status as of the date on which 

6 the alien’s application was submitted. 

7 (D) CLARIFICATION OF STATUS.—An alien 

8 granted blue card status shall be considered 

9 lawfully admitted to the United States. 

10 (2) REVOCATION.— 

11 (A) IN GENERAL.—The Secretary may re12 voke blue card status at any time after pro13 viding appropriate notice to the alien, and after 

14 the exhaustion or waiver of all applicable ad15 ministrative review procedures if the alien— 

16 (i) no longer meets the eligibility re17 quirements for blue card status; 

18 (ii) knowingly used documentation 

19 issued under this section for an unlawful 

20 or fraudulent purpose; or 

21 (iii) was absent from the United 

22 States for— 

23 (I) any single period longer than 

24 180 days in violation of the requireVerDate Sep 11 2014 23:04 May 09, 2017 Jkt 069200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S1034.IS S1034

SSpencer on DSK4SPTVN1PROD with BILLS
22 

•S 1034 IS

1 ment under paragraph (1)(B)(ii)(II); 

2 or 

3 (II) for more than 180 days in 

4 the aggregate during any calendar 

5 year, unless the alien’s failure to time6 ly return was due to extenuating cir7 cumstances beyond the alien’s control. 

8 (B) ADDITIONAL EVIDENCE.— 

9 (i) IN GENERAL.—In determining 

10 whether to revoke an alien’s status under 

11 subparagraph (A), the Secretary may re12 quire the alien— 

13 (I) to submit additional evidence; 

14 and 

15 (II) to appear for an interview. 

16 (ii) EFFECT OF NONCOMPLIANCE.— 

17 The blue card status of an alien who fails 

18 to comply with any requirement imposed 

19 by the Secretary under clause (i) shall be 

20 revoked unless the alien demonstrates to 

21 the Secretary’s satisfaction that such fail22 ure was reasonably excusable. 

23 (C) INVALIDATION OF DOCUMENTATION.— 

24 If an alien’s blue card status is revoked pursu25 ant to subparagraph (A), any documentation 


SSpencer on DSK4SPTVN1PROD with BILLS
23 

•S 1034 IS

1 issued by the Secretary to such alien under sub2 section (b)(6) shall automatically be rendered 

3 invalid for any purpose except for departure 

4 from the United States. 

5 (3) INELIGIBILITY FOR PUBLIC BENEFITS.—An 

6 alien who has been granted blue card status is not 

7 eligible for the Federal means-tested public benefits 

8 unavailable to qualified aliens under section 403 of 

9 the Personal Responsibility and Work Opportunity 

10 Reconciliation Act of 1996 (8 U.S.C. 1613). 

11 (4) TREATMENT OF BLUE CARD STATUS.—An 

12 alien granted blue card status shall be considered 

13 lawfully present in the United States for all pur14 poses while such alien remains in such status, except 

15 that the alien— 

16 (A) is not entitled to the premium assist17 ance tax credit authorized under section 36B of 

18 the Internal Revenue Code of 1986 (26 U.S.C. 

19 36B) for his or her coverage; 

20 (B) shall be subject to the rules applicable 

21 to individuals who are not lawfully present set 

22 forth in subsection (e) of such section; 

23 (C) shall be subject to the rules applicable 

24 to individuals who are not lawfully present set 

25 forth in section 1402(e) of the Patient ProtecVerDate Sep 11 2014 23:04 May 09, 2017 Jkt 069200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S1034.IS S1034

SSpencer on DSK4SPTVN1PROD with BILLS
24 

•S 1034 IS

1 tion and Affordable Care Act (42 U.S.C. 

2 18071(e)); and 

3 (D) shall be subject to the rules applicable 

4 to individuals not lawfully present set forth in 

5 section 5000A(d)(3) of the Internal Revenue 

6 Code of 1986 (26 U.S.C. 5000A(d)(3)). 

7 (g) PROVISIONS INVOLVING EMPLOYERS.— 

8 (1) RECORD OF EMPLOYMENT.—Employers of 

9 aliens granted blue card status shall provide the 

10 alien and the Secretary with a written record of em11 ployment each year the alien remains in such status. 

12 (2) CIVIL PENALTIES.— 

13 (A) IN GENERAL.—If the Secretary deter14 mines, after notice and an opportunity for a 

15 hearing, that an employer of an alien granted 

16 blue card status has knowingly failed to provide 

17 the record of employment required under para18 graph (1) or has provided a false statement of 

19 material fact in such a record, the employer 

20 shall be subject to a civil penalty in an amount 

21 not to exceed $500 per violation. 

22 (B) LIMITATION.—The penalty under sub23 paragraph (A) for failure to provide employ24 ment records shall not apply unless the alien 

25 has provided the employer with evidence of emVerDate Sep 11 2014 23:04 May 09, 2017 Jkt 069200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S1034.IS S1034

SSpencer on DSK4SPTVN1PROD with BILLS
25 

•S 1034 IS

1 ployment authorization described in subsection 

2 (b)(11). 

3 (C) DEPOSIT OF CIVIL PENALTIES.—Civil 

4 penalties collected under this paragraph shall be 

5 deposited into the Immigration Examinations 

6 Fee Account pursuant to section 286(m) of the 

7 Immigration and Nationality Act (8 U.S.C. 

8 1356(m)). 

9 (3) CONTINUING EMPLOYMENT.—An employer 

10 that knows an alien employee is an applicant for 

11 blue card status or will apply for such status once 

12 the application period commences is not in violation 

13 of section 274A(a)(2) of the Immigration and Na14 tionality Act (8 U.S.C. 1324a(a)(2)) if the employer 

15 continues to employ the alien pending the adjudica16 tion of the alien employee’s application. 

17 (4) EMPLOYER PROTECTIONS.— 

18 (A) USE OF EMPLOYMENT RECORDS.— 

19 Copies of employment records or other evidence 

20 of employment provided by an alien or by an 

21 alien’s employer in support of an alien’s appli22 cation for blue card status may not be used in 

23 a civil or criminal prosecution or investigation 

24 of that employer under section 274A of the Im25 migration and Nationality Act (8 U.S.C. 


SSpencer on DSK4SPTVN1PROD with BILLS
26 

•S 1034 IS

1 1324a) or the Internal Revenue Code of 1986 

2 for the prior unlawful employment of that alien 

3 regardless of the adjudication of such applica4 tion or reconsideration by the Secretary of such 

5 alien’s prima facie eligibility determination. 

6 Employers that provide unauthorized aliens 

7 with copies of employment records or other evi8 dence of employment pursuant to an application 

9 for blue card status shall not be subject to civil 

10 and criminal liability pursuant to such section 

11 274A for employing such unauthorized aliens. 

12 (B) LIMIT ON APPLICABILITY.—The pro13 tections for employers and aliens under sub14 paragraph (A) shall not apply if the aliens or 

15 employers submit employment records that are 

16 determined to be fraudulent. 

17 (h) ADMINISTRATIVE AND JUDICIAL REVIEW.— 

18 (1) IN GENERAL.—Any administrative or judi19 cial review of a determination regarding an applica20 tion for blue card status shall comply with the re21 quirements under this subsection. 

22 (2) ADMINISTRATIVE REVIEW.— 

23 (A) SINGLE LEVEL OF APPELLATE RE24 VIEW.—The Secretary shall establish an appel25 late authority to provide for a single level of adVerDate Sep 11 2014 23:04 May 09, 2017 Jkt 069200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S1034.IS S1034

SSpencer on DSK4SPTVN1PROD with BILLS
27 

•S 1034 IS

1 ministration appellate review of a final agency 

2 determination. 

3 (B) STANDARD FOR REVIEW.—An admin4 istrative appellate review established under sub5 paragraph (A) shall be based solely upon— 

6 (i) the administrative record estab7 lished at the time of the determination re8 garding the application; and 

9 (ii) any additional or newly discovered 

10 evidence that was not available at the time 

11 of a final agency determination. 

12 (3) JUDICIAL REVIEW.—Judicial review of a de13 termination under this section shall be limited to the 

14 review of an order of removal under section 242 of 

15 the Immigration and Nationality Act (8 U.S.C. 

16 1252). 

17 (i) DISCLOSURES AND PRIVACY.— 

18 (1) PROHIBITED DISCLOSURES.—Except as oth19 erwise provided in this subsection, no officer or em20 ployee of any Federal agency may— 

21 (A) use the information furnished in an 

22 application for lawful status under this section 

23 or section 245B of the Immigration and Na24 tionality Act, as added by section 102, for any 

25 purpose other than to make a determination on 


SSpencer on DSK4SPTVN1PROD with BILLS
28 

•S 1034 IS

1 any application by the alien for any immigra2 tion benefit or protection; 

3 (B) make any publication through which 

4 information furnished by any particular appli5 cant can be identified; or 

6 (C) permit anyone other than the sworn of7 ficers, employees, and contractors of such agen8 cy or of another entity approved by the Sec9 retary to examine any individual application for 

10 lawful status under this section or such section 

11 245B. 

12 (2) REQUIRED DISCLOSURES.—The Secretary 

13 shall provide the information furnished in an appli14 cation filed under this section or section 245B of the 

15 Immigration and Nationality Act, as added by sec16 tion 102, and any other information derived from 

17 such furnished information to— 

18 (A) a law enforcement agency, intelligence 

19 agency, national security agency, a component 

20 of the Department of Homeland Security, 

21 court, or grand jury, consistent with law, in 

22 connection with— 

23 (i) a criminal investigation or prosecu24 tion of any felony not related to the appli25 cant’s immigration status; or 


SSpencer on DSK4SPTVN1PROD with BILLS
29 

•S 1034 IS

1 (ii) a national security investigation or 

2 prosecution; and 

3 (B) an official coroner for purposes of af4 firmatively identifying a deceased individual, 

5 whether or not the death of such individual re6 sulted from a crime. 

7 (3) AUDITING AND EVALUATION OF INFORMA8 TION.—The Secretary may— 

9 (A) audit and evaluate information fur10 nished as part of any application filed under 

11 this section or section 245B of the Immigration 

12 and Nationality Act, as added by section 102, 

13 for purposes of identifying immigration fraud or 

14 fraud schemes; and 

15 (B) use any evidence detected by means of 

16 audits and evaluations for purposes of inves17 tigating, prosecuting, referring for prosecution, 

18 or denying or terminating immigration benefits. 

19 (4) PRIVACY AND CIVIL LIBERTIES.— 

20 (A) IN GENERAL.—The Secretary, in ac21 cordance with paragraph (1), shall require ap22 propriate administrative and physical safe23 guards to protect the security, confidentiality, 

24 and integrity of personally identifiable informa25 tion collected, maintained, and disseminated 


SSpencer on DSK4SPTVN1PROD with BILLS
30 

•S 1034 IS

1 pursuant to this section and section 245B of 

2 the Immigration and Nationality Act, as added 

3 by section 102. 

4 (B) ASSESSMENTS.—Notwithstanding the 

5 privacy requirements set forth in section 222 of 

6 the Homeland Security Act (6 U.S.C. 142) and 

7 the E-Government Act of 2002 (Public Law 

8 107–347), the Secretary shall conduct a privacy 

9 impact assessment and a civil liberties impact 

10 assessment of the legalization program estab11 lished under this section and section 245B of 

12 the Immigration and Nationality Act during the 

13 pendency of the final regulations to be issued 

14 pursuant to subsection (j). 

15 (j) RULEMAKING.—Not later than 1 year after the 

16 date of the enactment of this Act, the Secretary shall issue 

17 final regulations to implement this section. 

18 SEC. 102. ADJUSTMENT TO PERMANENT RESIDENT STATUS. 

19 (a) IN GENERAL.—Chapter 5 of title II (8 U.S.C. 

20 1255 et seq.) is amended by inserting after section 245A 

21 the following: 

22 ‘‘SEC. 245B. ADJUSTMENT TO PERMANENT RESIDENT STA23 TUS FOR AGRICULTURAL WORKERS. 

24 ‘‘(a) IN GENERAL.—Except as provided in subsection 

25 (b), and not earlier than 5 years after the date of the enVerDate Sep 11 2014 23:04 May 09, 2017 Jkt 069200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S1034.IS S1034

SSpencer on DSK4SPTVN1PROD with BILLS
31 

•S 1034 IS

1 actment of the Agricultural Worker Program Act of 2017, 

2 the Secretary shall adjust the status of an alien granted 

3 blue card status to that of an alien lawfully admitted for 

4 permanent residence if the Secretary determines that the 

5 following requirements are satisfied: 

6 ‘‘(1) QUALIFYING EMPLOYMENT.—Except as 

7 provided in paragraph (3), the alien— 

8 ‘‘(A) during the 8-year period beginning on 

9 the date of the enactment of the Agricultural 

10 Worker Program Act of 2017, performed not 

11 less than 100 work days of agricultural employ12 ment during each of 5 years; or 

13 ‘‘(B) during the 5-year period beginning on 

14 such date of enactment, performed not less 

15 than 150 work days of agricultural employment 

16 during each of 3 years. 

17 ‘‘(2) EVIDENCE.—An alien may demonstrate 

18 compliance with the requirement under paragraph 

19 (1) by submitting to the Secretary— 

20 ‘‘(A) the alien’s record of employment (as 

21 described in section 101(d) of the Agricultural 

22 Worker Program Act of 2017); 

23 ‘‘(B) documentation that may be submitted 

24 under subsection (e)(4); or 


SSpencer on DSK4SPTVN1PROD with BILLS
32 

•S 1034 IS

1 ‘‘(C) any other documentation designated 

2 by the Secretary for such purpose. 

3 ‘‘(3) EXTRAORDINARY CIRCUMSTANCES.— 

4 ‘‘(A) IN GENERAL.—In determining wheth5 er an alien has met the requirement under 

6 paragraph (1), the Secretary may credit the 

7 alien with not more than 12 additional months 

8 of agricultural employment in the United States 

9 to meet such requirement if the alien was un10 able to work in agricultural employment due 

11 to— 

12 ‘‘(i) pregnancy, disabling injury, or 

13 disease established by the alien through 

14 medical records; 

15 ‘‘(ii) illness, disease, or other special 

16 needs of the alien’s child established by the 

17 alien through medical records; 

18 ‘‘(iii) severe weather conditions that 

19 prevented the alien from engaging in agri20 cultural employment for a significant pe21 riod; or 

22 ‘‘(iv) termination from agricultural 

23 employment, if the Secretary determines 

24 that— 


SSpencer on DSK4SPTVN1PROD with BILLS
33 

•S 1034 IS

1 ‘‘(I) the termination was without 

2 just cause; and 

3 ‘‘(II) the alien was unable to find 

4 alternative agricultural employment 

5 after a reasonable job search. 

6 ‘‘(B) EFFECT OF DETERMINATION.—A de7 termination under subparagraph (A)(iv), with 

8 respect to an alien, shall not be conclusive, 

9 binding, or admissible in a separate or subse10 quent judicial or administrative action or pro11 ceeding between the alien and a current or 

12 prior employer of the alien or any other party. 

13 ‘‘(4) APPLICATION PERIOD.—The alien applies 

14 for adjustment of status before the expiration of the 

15 alien’s blue card status. 

16 ‘‘(5) FINE.—The alien pays a fine of $400 to 

17 the Secretary, which shall be deposited into the Im18 migration Examinations Fee Account pursuant to 

19 section 286(m). 

20 ‘‘(b) GROUNDS FOR DENIAL OF ADJUSTMENT OF

21 STATUS.— 

22 ‘‘(1) IN GENERAL.—The Secretary may not ad23 just the status of an alien granted blue card status 

24 if the alien— 


SSpencer on DSK4SPTVN1PROD with BILLS
34 

•S 1034 IS

1 ‘‘(A) is no longer eligible for blue card sta2 tus; or 

3 ‘‘(B) failed to perform the qualifying em4 ployment required under subsection (a)(1), 

5 after considering any amount credited by the 

6 Secretary under subsection (a)(3). 

7 ‘‘(2) MAINTENANCE OF WAIVERS OF INADMIS8 SIBILITY.—The grounds of inadmissibility set forth 

9 in section 212(a) that were previously waived for the 

10 alien or made inapplicable shall not apply for pur11 poses of the alien’s adjustment of status under this 

12 section. 

13 ‘‘(3) PENDING REVOCATION PROCEEDINGS.—If 

14 the Secretary has notified the applicant that the 

15 Secretary intends to revoke the applicant’s blue card 

16 status, the Secretary may not approve an application 

17 for adjustment of status under this section unless 

18 the Secretary makes a final determination not to re19 voke the applicant’s status. 

20 ‘‘(4) PAYMENT OF TAXES.— 

21 ‘‘(A) IN GENERAL.—An alien may not file 

22 an application for adjustment of status under 

23 this section unless the applicant has satisfied 

24 any applicable federal tax liability. 


SSpencer on DSK4SPTVN1PROD with BILLS
35 

•S 1034 IS

1 ‘‘(B) DEFINITION OF APPLICABLE FED2 ERAL TAX LIABILITY.—In this paragraph, the 

3 term ‘applicable federal tax liability’ means all 

4 Federal income taxes assessed in accordance 

5 with section 6203 of the Internal Revenue Code 

6 of 1986 since the date on which the applicant 

7 was authorized to work in the United States in 

8 blue card status. 

9 ‘‘(C) COMPLIANCE.—An alien may dem10 onstrate compliance with subparagraph (A) by 

11 submitting such documentation as the Sec12 retary, in consultation with the Secretary of the 

13 Treasury, may require by regulation. 

14 ‘‘(c) SPOUSES AND CHILDREN.—Notwithstanding 

15 any other provision of law, the Secretary shall grant per16 manent resident status to the spouse or child of an alien 

17 whose status was adjusted under subsection (a) if— 

18 ‘‘(1) the spouse or child (including any indi19 vidual who was a child on the date such alien was 

20 granted blue card status) applies for or received 

21 such status; 

22 ‘‘(2) the principal alien includes the spouse and 

23 children in an application for adjustment of status 

24 to that of a lawful permanent resident; and 


SSpencer on DSK4SPTVN1PROD with BILLS
36 

•S 1034 IS

1 ‘‘(3) the spouse or child is not ineligible for 

2 such status. 

3 ‘‘(d) NUMERICAL LIMITATIONS.—The numerical lim4 itations under sections 201 and 202 shall not apply to the 

5 adjustment of aliens to lawful permanent resident status 

6 under this section. 

7 ‘‘(e) SUBMISSION OF APPLICATIONS.— 

8 ‘‘(1) INTERVIEW.—The Secretary may interview 

9 applications for adjustment of status under this sec10 tion to determine whether the alien meets the eligi11 bility requirements set forth in this section. 

12 ‘‘(2) FEES.— 

13 ‘‘(A) IN GENERAL.—Applicants for adjust14 ment of status under this section shall pay a 

15 processing fee to the Secretary in an amount 

16 that will ensure the recovery of the full costs of 

17 adjudicating such applications, including— 

18 ‘‘(i) the cost of taking and processing 

19 biometric data; 

20 ‘‘(ii) expenses relating to prevention 

21 and investigation of fraud; and 

22 ‘‘(iii) costs relating to the collection of 

23 such fee. 

24 ‘‘(B) AUTHORITY TO LIMIT FEES.—The 

25 Secretary, by regulation— 


SSpencer on DSK4SPTVN1PROD with BILLS
37 

•S 1034 IS

1 ‘‘(i) may limit the maximum proc2 essing fee payable under this paragraph by 

3 a family, including spouses and children; 

4 and 

5 ‘‘(ii) may exempt defined classes of in6 dividuals from the payment of the fee 

7 under subparagraph (A). 

8 ‘‘(3) DISPOSITION OF FEES.—All fees collected 

9 under paragraph (2)(A)— 

10 ‘‘(A) shall be deposited into the Immigra11 tion Examinations Fee Account pursuant to 

12 section 286(m); and 

13 ‘‘(B) shall remain available until expended 

14 pursuant to section 286(n). 

15 ‘‘(4) DOCUMENTATION OF WORK HISTORY.— 

16 ‘‘(A) BURDEN OF PROOF.—An alien apply17 ing for blue card status under section 101 of 

18 the Agricultural Worker Program Act of 2017 

19 or for adjustment of status under subsection (a) 

20 shall provide evidence that the alien has worked 

21 the requisite number of hours or days required 

22 under subsection (a)(1) of such section 101 or 

23 subsection (a)(1) of this section, as applicable. 

24 ‘‘(B) TIMELY PRODUCTION OF RECORDS.— 

25 If an employer or farm labor contractor employVerDate Sep 11 2014 23:04 May 09, 2017 Jkt 069200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S1034.IS S1034

SSpencer on DSK4SPTVN1PROD with BILLS
38 

•S 1034 IS

1 ing such an alien has kept proper and adequate 

2 records respecting such employment, the alien’s 

3 burden of proof under subparagraph (A) may 

4 be met by securing timely production of those 

5 records under regulations to be promulgated by 

6 the Secretary. 

7 ‘‘(C) SUFFICIENT EVIDENCE.—An alien 

8 may meet the burden of proof under subpara9 graph (A) to establish that the alien has per10 formed the days or hours of work referred to in 

11 subparagraph (A) by producing sufficient evi12 dence to show the extent of that employment as 

13 a matter of just and reasonable inference. 

14 ‘‘(f) PENALTIES FOR FALSE STATEMENTS IN APPLI15 CATIONS.— 

16 ‘‘(1) CRIMINAL PENALTY.—Any person who— 

17 ‘‘(A) files an application for blue card sta18 tus under section 101 of the Agricultural Work19 er Program Act of 2017 or for an adjustment 

20 of status under this section and knowingly and 

21 willfully falsifies, conceals, or covers up a mate22 rial fact or makes any false, fictitious, or fraud23 ulent statements or representations, or makes 

24 or uses any false writing or document knowing 


SSpencer on DSK4SPTVN1PROD with BILLS
39 

•S 1034 IS

1 the same to contain any false, fictitious, or 

2 fraudulent statement or entry; or 

3 ‘‘(B) creates or supplies a false writing or 

4 document for use in making such an applica5 tion, 

6 shall be fined in accordance with title 18, United 

7 States Code, imprisoned not more than 5 years, or 

8 both. 

9 ‘‘(2) INADMISSIBILITY.—An alien who is con10 victed of a crime described in paragraph (1) shall be 

11 deemed inadmissible to the United States on the 

12 grounds described in section 212(a)(6)(C)(i). 

13 ‘‘(3) DEPOSIT.—Fines collected under para14 graph (1) shall be deposited into the Immigration 

15 Examinations Fee Account pursuant to section 

16 286(m). 

17 ‘‘(g) ELIGIBILITY FOR LEGAL SERVICES.—Section 

18 504(a)(11) of the Departments of Commerce, Justice, and 

19 State, the Judiciary, and Related Agencies Appropriations 

20 Act, 1996 (Public Law 104–134; 110 Stat. 1321–55) may 

21 not be construed to prevent a recipient of funds under the 

22 Legal Services Corporation Act (42 U.S.C. 2996 et seq.) 

23 from providing legal assistance directly related to an appli24 cation for blue card status under section 101 of the Agri25 cultural Worker Program Act of 2017, to an individual 


SSpencer on DSK4SPTVN1PROD with BILLS
40 

•S 1034 IS

1 who has been granted blue card status, or for an applica2 tion for an adjustment of status under this section. 

3 ‘‘(h) ADMINISTRATIVE AND JUDICIAL REVIEW.— 

4 Aliens applying for blue card status under section 101 of 

5 the Agricultural Worker Program Act of 2017 or for ad6 justment to permanent resident status under this section 

7 shall be entitled to the rights and subject to the conditions 

8 applicable to other classes of aliens under section 242.’’. 

9 (b) CONFORMING AMENDMENT.—Section 201(b)(1) 

10 of the Immigration and Nationality Act (8 U.S.C. 

11 1151(b)(1)) is amended— 

12 (1) by redesignating subparagraph (E) as sub13 paragraph (F); and 

14 (2) by inserting after subparagraph (D) the fol15 lowing: 

16 ‘‘(E) Aliens granted lawful permanent resi17 dent status under section 245B.’’. 

18 (c) CLERICAL AMENDMENT.—The table of contents 

19 of the Immigration and Nationality Act (8 U.S.C. 1101 

20 note) is amended by inserting after the item relating to 

21 section 245A the following: 

‘‘Sec. 245B. Adjustment to permanent resident status for agricultural workers.’’. 

22 SEC. 103. USE OF INFORMATION. 

23 Beginning not later than the first day of the applica24 tion period described in section 101(b)(3), the Secretary, 


SSpencer on DSK4SPTVN1PROD with BILLS
41 

•S 1034 IS

1 in cooperation with qualified designated entities, shall 

2 broadly disseminate information regarding— 

3 (1) the benefits that aliens may receive under 

4 this title and the amendments made by this title; 

5 and 

6 (2) the requirements that an alien is required 

7 to meet to receive such benefits. 

8 SEC. 104. REPORTS ON BLUE CARDS. 

9 Not later than six months after the publication of the 

10 final rule under section 101(j), and annually thereafter for 

11 the following eight years, the Secretary shall submit a re12 port to Congress that identifies, for the previous fiscal 

13 year— 

14 (1) the number of aliens who applied for blue 

15 card status; 

16 (2) the number of aliens who were granted blue 

17 card status; 

18 (3) the number of aliens who applied for an ad19 justment of status pursuant to section 245B(a) of 

20 the Immigration and Nationality Act, as added by 

21 section 102; and 

22 (4) the number of aliens who received an ad23 justment of status pursuant such section 245B(a). 


SSpencer on DSK4SPTVN1PROD with BILLS
42 

•S 1034 IS

1 SEC. 105. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated to the Sec3 retary such amounts as may be necessary to implement 

4 this title, including any amounts needed for costs associ5 ated with the initiation of such implementation during fis6 cal years 2017 and 2018. 

7 TITLE II—CORRECTION OF 

8 SOCIAL SECURITY RECORDS 

9 SEC. 201. CORRECTION OF SOCIAL SECURITY RECORDS. 

10 (a) IN GENERAL.—Section 208(e)(1) of the Social 

11 Security Act (42 U.S.C. 408(e)(1)) is amended— 

12 (1) in subparagraph (B)(ii), by striking ‘‘or’’ at 

13 the end; 

14 (2) in subparagraph (C), by inserting ‘‘or’’ at 

15 the end; 

16 (3) by inserting after subparagraph (C) the fol17 lowing: 

18 ‘‘(D) who is granted blue card status 

19 under section 101 of the Agricultural Worker 

20 Program Act of 2017,’’; and 

21 (4) in the undesignated matter following sub22 paragraph (D), as added by paragraph (3), by strik23 ing ‘‘1990.’’ and inserting ‘‘1990, or in the case of 

24 an alien described in subparagraph (D), if such con25 duct is alleged to have occurred before the date on 

26 which the alien was granted blue card status under 


SSpencer on DSK4SPTVN1PROD with BILLS
43 

•S 1034 IS

1 section 101(a) of the Agricultural Worker Program 

2 Act of 2017.’’. 

3 (b) EFFECTIVE DATE.—The amendments made by 

4 subsection (a) shall take effect on the first day of the sev5 enth month that begins after the date of the enactment 

6 of this Act. 

7 TITLE III—DEFINITIONS 

8 SEC. 301. DEFINITIONS. 

9 In this Act: 

10 (1) AGRICULTURAL EMPLOYMENT.—The term 

11 ‘‘agricultural employment’’ has the meaning given 

12 such term in section 3 of the Migrant and Seasonal 

13 Agricultural Worker Protection Act (29 U.S.C. 

14 1802), without regard to whether the specific service 

15 or activity is temporary or seasonal. 

16 (2) BLUE CARD STATUS.—The term ‘‘blue card 

17 status’’ means the status of an alien who has been 

18 lawfully admitted into the United States for tem19 porary residence under section 101. 

20 (3) CHILD.—The term ‘‘child’’ has the meaning 

21 given such term in section 101(b)(1) of the Immi22 gration and Nationality Act (8 U.S.C. 1101(b)(1)). 

23 (4) CONTINUOUS PRESENCE.—An alien shall be 

24 deemed to have maintained ‘‘continuous presence’’ in 

25 the United States for purposes of section 


SSpencer on DSK4SPTVN1PROD with BILLS
44 

•S 1034 IS

1 101(a)(1)(B)(iii) if any absences from the United 

2 States during the applicable period were brief, cas3 ual, and innocent, whether or not such absences 

4 were authorized by the Secretary. 

5 (5) EMPLOYER.—The term ‘‘employer’’ means 

6 any person or entity, including any farm labor con7 tractor and any agricultural association, that em8 ploys workers in agricultural employment. 

9 (6) QUALIFIED DESIGNATED ENTITY.—The 

10 term ‘‘qualified designated entity’’ means— 

11 (A) a qualified farm labor organization or 

12 an association of employers designated by the 

13 Secretary; or 

14 (B) any other entity that the Secretary 

15 designates as having substantial experience, 

16 demonstrated competence, and a history of 

17 long-term involvement in the preparation and 

18 submission of application for adjustment of sta19 tus under title II of the Immigration and Na20 tionality Act (8 U.S.C. 1151 et seq.). 

21 (7) QUALIFIED WORK.—The term ‘‘qualified 

22 work’’ means work performed in agricultural em23 ployment in the United States for not fewer than 

24 575 hours or 100 work days during the 2-year pe25 riod ending on the date of the enactment of this Act. 


SSpencer on DSK4SPTVN1PROD with BILLS
45 

•S 1034 IS

1 (8) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Homeland Security. 

3 (9) WORK DAY.—The term ‘‘work day’’ means 

4 any day in which the individual is employed 5.75 or 

5 more hours in agricultural employment. 

Æ 


SSpencer on DSK4SPTVN1PROD with BILLS