II 

116TH CONGRESS 

1ST SESSION S. 175 

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 

JANUARY 17, 2019 

Mrs. FEINSTEIN (for herself, Ms. HARRIS, Mr. LEAHY, Mr. BENNET, Ms. 

HIRONO, Mr. BLUMENTHAL, Mr. BOOKER, Mrs. GILLIBRAND, Mr. 

WYDEN, Mr. MERKLEY, Mr. UDALL, and Mr. SANDERS) 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 2019’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 


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TITLE I—PROGRAM FOR EARNED STATUS ADJUSTMENT OF 

AGRICULTURAL WORKERS 

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 any 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 such date of enactment until the 

17 date on which the alien is granted blue card status; 

18 or 


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1 (C) is, or has been, a nonimmigrant alien ad2 mitted to the United States for agricultural employ3 ment described in section 101(a)(15)(H)(ii)(a) of the 

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

5 1101(a)(15)(H)(ii)(a)) who has completed qualified 

6 work; 

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

8 (3) submits a completed application before the 

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

10 (4) passes the national security and law en11 forcement clearances required under subsection 

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

13 (5) pays the required processing fees and pen14 alties in accordance with subsection (e). 

15 (b) APPLICATION.— 

16 (1) SUBMISSION REQUIREMENTS.—An alien de17 scribed in subsection (a)(1) who is seeking blue card 

18 status shall submit an application— 

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

20 an attorney or a nonprofit religious, charitable, 

21 social service, or similar organization recognized 

22 by the Board of Immigration Appeals under 

23 section 292.2 of title 8, Code of Federal Regu24 lations; or 


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1 (B) to a qualified designated entity if the 

2 applicant consents to the forwarding of the ap3 plication to the Secretary. 

4 (2) EVIDENCE OF APPLICATION FILING.—As 

5 soon as practicable after receiving each application 

6 for blue card status under paragraph (1), the Sec7 retary shall provide the applicant with a document 

8 acknowledging the receipt of such application. 

9 (3) APPLICATION PERIOD.— 

10 (A) INITIAL PERIOD.—Except as provided 

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

12 shall accept applications for blue card status 

13 from aliens in the United States during the 18- 

14 month period beginning on the date on which 

15 the final rule is published in the Federal Reg16 ister pursuant to subsection (j). 

17 (B) EXCEPTION.—Aliens described in sub18 section (a)(1)(C) may apply for blue card status 

19 from outside of the United States. 

20 (C) EXTENSION.—If the Secretary deter21 mines, during the initial period described in 

22 subparagraph (A), that additional time is re23 quired to process applications for blue card sta24 tus or for another good cause, the Secretary 


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1 may extend the period for accepting applica2 tions by an additional 18 months. 

3 (4) APPLICATION.— 

4 (A) IN GENERAL.—The application re5 ferred to in paragraph (1) shall collect such in6 formation as the Secretary determines nec7 essary and appropriate. 

8 (B) FAMILY APPLICATION.—The Secretary 

9 shall establish a process through which an alien 

10 may submit a single application under this sec11 tion on behalf of the alien and his or her spouse 

12 and children who meet the requirements set 

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

14 (5) ADJUDICATION.— 

15 (A) INTERVIEW.—The Secretary may 

16 interview applicants for blue card status to de17 termine whether they meet the eligibility re18 quirements set forth in this section. 

19 (B) FAILURE TO SUBMIT SUFFICIENT EVI20 DENCE.—The Secretary may deny an applica21 tion for blue card status submitted by an alien 

22 who fails to submit evidence of the alien’s eligi23 bility for such status. 


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

2 application for blue card status, the Secretary 

3 shall— 

4 (i) send a written notice to the appli5 cant that provides the applicant with the 

6 basis for denial; and 

7 (ii) provide the alien with an oppor8 tunity to cure the denial within a reason9 able period. 

10 (D) AMENDED APPLICATION.—An alien 

11 whose application for blue card status is denied 

12 under subparagraph (B) may submit an amend13 ed application for such status to the Secretary 

14 if the amended application— 

15 (i) is submitted within the period de16 scribed in paragraph (3); and 

17 (ii) contains all the required informa18 tion and fees that were missing from the 

19 initial application. 

20 (E) ADDITIONAL PROCEDURES.—The Sec21 retary may utilize the procedures set forth in 

22 sections 103.2 and 103.3 of title 8, Code of 

23 Federal Regulations, as in effect on the date of 

24 the enactment of this Act, to adjudicate re25 quests for blue card status to the extent such 


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1 procedures are consistent with the requirements 

2 under this section. 

3 (6) EVIDENCE OF BLUE CARD STATUS.— 

4 (A) IN GENERAL.—The Secretary shall 

5 issue documentary evidence of blue card status 

6 to each alien whose application for such status 

7 has been approved. 

8 (B) DOCUMENTATION FEATURES.—Docu9 mentary evidence provided under subparagraph 

10 (A)— 

11 (i) shall be machine-readable and tam12 per-resistant; 

13 (ii) shall contain a digitized photo14 graph; 

15 (iii) shall, during the alien’s author16 ized period of admission, and any exten17 sion of such authorized admission, serve as 

18 a valid travel and entry document for the 

19 purpose of applying for admission to the 

20 United States; 

21 (iv) may be accepted during the pe22 riod of its validity by an employer as evi23 dence of employment authorization and 

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


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1 the Immigration and Nationality Act (8 

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

3 (v) shall include such other features 

4 and information as the Secretary may pre5 scribe. 

6 (c) SPECIAL RULES FOR BLUE CARD APPLICANTS

7 AND ALIENS ELIGIBLE FOR BLUE CARD STATUS.— 

8 (1) ALIENS APPREHENDED BEFORE OR DURING

9 THE APPLICATION PERIOD.—If an alien who is ap10 prehended during the period beginning on the date 

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

12 day of the application period described in paragraph 

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

14 the Secretary— 

15 (A) shall provide the alien with a reason16 able opportunity to submit an application for 

17 such status under this section during such pe18 riod; and 

19 (B) if such an application is submitted, 

20 may not remove the individual until a final ad21 ministrative determination is made on such ap22 plication. 

23 (2) ALIENS IN REMOVAL PROCEEDINGS.—Not24 withstanding any other provision of the Immigration 

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


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1 alien is in removal, deportation, or exclusion pro2 ceedings during the period beginning on the date of 

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

4 of the application period described in subsection 

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

6 under this section, upon motion by the Secretary 

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

8 the alien, the Executive Office for Immigration Re9 view shall— 

10 (A) terminate such proceedings without 

11 prejudice to future proceedings; and 

12 (B) permit the alien a reasonable oppor13 tunity to apply for such status. 

14 (3) TREATMENT OF ALIENS PREVIOUSLY OR15 DERED REMOVED.— 

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

17 the eligibility requirements set forth in sub18 section (a) is present in the United States and 

19 has been ordered excluded, deported, or re20 moved, or ordered to depart voluntarily from 

21 the United States under any provision of the 

22 Immigration and Nationality Act— 

23 (i) notwithstanding such order or sec24 tion 241(a)(5) of such Act (8 U.S.C. 


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1 1231(a)(5)), the alien may apply for blue 

2 card status under this section; and 

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

4 the alien may file a motion to reopen the 

5 exclusion, deportation, removal, or vol6 untary departure order, which motion shall 

7 be granted. 

8 (B) LIMITATIONS ON MOTIONS TO RE9 OPEN.—The limitations on motions to reopen 

10 set forth in section 240(c)(7) of the Immigra11 tion and Nationality Act (8 U.S.C. 1229a(c)(7)) 

12 shall not apply to motions filed under subpara13 graph (A)(ii). 

14 (4) PERIOD PENDING ADJUDICATION OF APPLI15 CATION.—During the period beginning on the date 

16 on which an alien applies for blue card status under 

17 this section and ending on the date on which the 

18 Secretary makes a final decision regarding such ap19 plication, the alien— 

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

21 (B) may not be detained by the Secretary 

22 or removed from the United States unless the 

23 Secretary makes a prima facie determination 

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

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


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1 (C) shall not be considered unlawfully 

2 present under section 212(a)(9)(B) of the Im3 migration and Nationality Act (8 U.S.C. 

4 1182(a)(9)(B)); and 

5 (D) shall not be considered an unauthor6 ized alien (as defined in section 274A(h)(3) of 

7 such Act (8 U.S.C. 1324a(h)(3))). 

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

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

10 1101(g)) shall not apply to an alien granted— 

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

12 to reenter the United States; or 

13 (B) blue card status. 

14 (6) PROTECTION FROM DETENTION OR RE15 MOVAL DURING BLUE CARD STATUS.—An alien 

16 granted blue card status under this section may not 

17 be detained by the Secretary or removed from the 

18 United States unless— 

19 (A) the alien is removable under section 

20 237 of the Immigration and Nationality Act (8 

21 U.S.C. 1227); or 

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

23 revoked. 

24 (7) DURATION OF STATUS.—No alien may re25 main in blue card status on or after the date that 


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1 is 8 years after the date on which regulations are 

2 published under subsection (j). 

3 (d) REQUIRED BACKGROUND INVESTIGATIONS AND

4 INELIGIBILITY.— 

5 (1) IN GENERAL.— 

6 (A) BIOMETRIC AND BIOGRAPHIC DATA.— 

7 The Secretary may not grant blue card status 

8 to an alien or an alien dependent spouse or 

9 child under this section unless such alien sub10 mits biometric and biographic data in accord11 ance with procedures established by the Sec12 retary. 

13 (B) ALTERNATIVE PROCEDURES.—The 

14 Secretary shall provide an alternative procedure 

15 for applicants who cannot provide the standard 

16 biometric data required under subparagraph 

17 (A) because of a physical impairment. 

18 (C) DATA COLLECTION.—The Secretary 

19 shall collect, from each alien applying for status 

20 under this section, biometric, biographic, and 

21 other data that the Secretary determines to be 

22 appropriate in order to conduct a background 

23 investigation and determine the alien’s eligi24 bility for blue card status. 

25 (2) GROUNDS FOR INELIGIBILITY.— 


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

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

3 card status if the Secretary determines that the 

4 alien— 

5 (i) has a conviction for— 

6 (I) an offense classified as a fel7 ony in the convicting jurisdiction 

8 (other than a State or local offense 

9 for which an essential element was the 

10 alien’s immigration status, or a viola11 tion of the Immigration and Nation12 ality Act (8 U.S.C. 1101 et seq.)); 

13 (II) an aggravated felony (as de14 fined in section 101(a)(43) of the Im15 migration and Nationality Act (8 

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

17 the conviction); 

18 (III) 3 or more misdemeanor of19 fenses (other than minor traffic of20 fenses or State or local offenses for 

21 which an essential element was the 

22 alien’s immigration status, or viola23 tions of the Immigration and Nation24 ality Act) if the alien was convicted on 


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1 different dates for each of the 3 of2 fenses; 

3 (IV) any offense under foreign 

4 law, except for a purely political of5 fense, which, if the offense had been 

6 committed in the United States, 

7 would render the alien inadmissible 

8 under section 212(a) of the Immigra9 tion and Nationality Act (8 U.S.C. 

10 1182(a)), excluding the paragraphs 

11 set forth in clause (ii), or removable 

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

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

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

15 or 

16 (V) unlawful voting (as defined 

17 in section 237(a)(6) of such Act (8 

18 U.S.C. 1227(a)(6))); 

19 (ii) is inadmissible under section 

20 212(a) of the Immigration and Nationality 

21 Act (8 U.S.C. 1182(a)), except that in de22 termining an alien’s inadmissibility— 

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

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

25 not apply; 


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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 after entry 

18 to engage in, terrorist activity (as defined 

19 in section 212(a)(3)(B)(iv) of such Act); or 

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

21 of this Act— 

22 (I) an alien lawfully admitted for 

23 permanent residence; or 

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

2 1157) or granted asylum under sec3 tion 208 of such Act (8 U.S.C. 1158). 

4 (B) WAIVER.— 

5 (i) IN GENERAL.—The Secretary may 

6 waive the application of subparagraph 

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

8 212(a) of the Immigration and Nationality 

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

10 clause (ii) on behalf of an alien for human11 itarian purposes, to ensure family unity, or 

12 if such a waiver is otherwise in the public 

13 interest. Any discretionary authority to 

14 waive grounds of inadmissibility under 

15 such section 212(a) conferred under any 

16 other provision of the Immigration and 

17 Nationality Act shall apply equally to 

18 aliens seeking blue card status under this 

19 section. 

20 (ii) EXCEPTIONS.—The discretionary 

21 authority under clause (i) may not be used 

22 to waive— 

23 (I) subparagraph (B), (C), 

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


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1 212(a)(2) of the Immigration and Na2 tionality Act; 

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

4 Act; or 

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

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

7 Act. 

8 (C) CONVICTION EXPLAINED.—In this 

9 paragraph, the term ‘‘conviction’’ does not in10 clude a judgment that has been expunged, set 

11 aside, or the equivalent. 

12 (D) RULE OF CONSTRUCTION.—Nothing in 

13 this paragraph may be construed to require the 

14 Secretary to commence removal proceedings 

15 against an alien. 

16 (e) FEES AND PENALTIES.— 

17 (1) STANDARD PROCESSING FEE.—Aliens who 

18 are 16 years of age or older and are applying for 

19 blue card status under this subsection, or for an ex20 tension of such status, shall pay a processing fee to 

21 the Department of Homeland Security in an amount 

22 determined by the Secretary. 

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

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

25 level that is sufficient to recover the full costs of 


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1 processing the application, including any costs in2 curred— 

3 (A) to adjudicate the application; 

4 (B) to take and process biometric data; 

5 (C) to perform national security and crimi6 nal checks, including adjudication; 

7 (D) to prevent and investigate fraud; and 

8 (E) to administer the collection of such 

9 fee. 

10 (3) AUTHORITY TO LIMIT FEES.—The Sec11 retary may issue regulations— 

12 (A) to limit the maximum processing fee 

13 payable under this subsection by a family, in14 cluding spouses and unmarried children who 

15 are younger than 21 years of age; and 

16 (B) to exempt defined classes of individ17 uals from the payment of the fee required 

18 under paragraph (1). 

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

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

21 blue card status under this subsection who are 21 

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

23 Department of Homeland Security. 


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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 


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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) 

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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 

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

2 or 

3 (II) more than 180 days in the 

4 aggregate during any calendar year, 

5 unless the alien’s failure to timely re6 turn 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 that the alien— 

13 (I) submit additional evidence; 

14 and 

15 (II) 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 


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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 

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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 each 

10 such alien and the Secretary with a written record 

11 of employment during each year that the alien re12 mains in such status. 

13 (2) CIVIL PENALTIES.— 

14 (A) IN GENERAL.—If the Secretary deter15 mines, after notice and an opportunity for a 

16 hearing, that an employer of an alien granted 

17 blue card status has knowingly failed to provide 

18 the record of employment required under para19 graph (1) or has provided a false statement of 

20 material fact in such a record, the employer 

21 shall be subject to a civil penalty in an amount 

22 not to exceed $500 per violation. 

23 (B) LIMITATION.—The penalty under sub24 paragraph (A) for failure to provide employ25 ment records shall not apply unless the alien 


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1 has provided the employer with evidence of em2 ployment authorization described in subsection 

3 (b)(6). 

4 (C) DEPOSIT OF CIVIL PENALTIES.—Civil 

5 penalties collected under this paragraph shall be 

6 deposited into the Immigration Examinations 

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

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

9 1356(m)). 

10 (3) CONTINUING EMPLOYMENT.—An employer 

11 that knows that an alien employee is an applicant 

12 for blue card status or will apply for such status 

13 after the application period commences is not in vio14 lation of section 274A(a)(2) of the Immigration and 

15 Nationality Act (8 U.S.C. 1324a(a)(2)) if the em16 ployer continues to employ the alien pending the ad17 judication of the alien employee’s application. 

18 (4) EMPLOYER PROTECTIONS.— 

19 (A) USE OF EMPLOYMENT RECORDS.— 

20 Copies of employment records or other evidence 

21 of employment provided by an alien or by an 

22 alien’s employer in support of an alien’s appli23 cation for blue card status may not be used in 

24 a civil or criminal prosecution or investigation 

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

2 1324a) or under the Internal Revenue Code of 

3 1986 for the prior unlawful employment of that 

4 alien regardless of the adjudication of such ap5 plication or reconsideration by the Secretary of 

6 such alien’s prima facie eligibility determina7 tion. Employers that provide unauthorized 

8 aliens with copies of employment records or 

9 other evidence of employment pursuant to an 

10 application for blue card status shall not be 

11 subject to civil and criminal liability pursuant 

12 to such section 274A for employing such unau13 thorized aliens. 

14 (B) LIMIT ON APPLICABILITY.—The pro15 tections for employers and aliens under sub16 paragraph (A) shall not apply if the aliens or 

17 employers submit employment records that are 

18 determined to be fraudulent. 

19 (h) ADMINISTRATIVE AND JUDICIAL REVIEW.— 

20 (1) IN GENERAL.—Any administrative or judi21 cial review of a determination regarding an applica22 tion for blue card status shall comply with the re23 quirements under this subsection. 

24 (2) ADMINISTRATIVE REVIEW.— 


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1 (A) SINGLE LEVEL OF APPELLATE RE2 VIEW.—The Secretary shall establish an appel3 late authority to provide for a single level of ad4 ministration appellate review of a final agency 

5 determination. 

6 (B) STANDARD FOR REVIEW.—An admin7 istrative appellate review established under sub8 paragraph (A) shall be based solely upon— 

9 (i) the administrative record estab10 lished at the time of the determination re11 garding the application; and 

12 (ii) any additional or newly discovered 

13 evidence that was not available at the time 

14 of a final agency determination. 

15 (3) JUDICIAL REVIEW.—Judicial review of a de16 termination under this section shall be limited to the 

17 review of an order of removal under section 242 of 

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

19 1252). 

20 (i) DISCLOSURES AND PRIVACY.— 

21 (1) PROHIBITED DISCLOSURES.—Except as oth22 erwise provided in this subsection, an officer or em23 ployee of any Federal agency may not— 

24 (A) use the information furnished in an 

25 application for lawful status under this section 


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1 or section 245B of the Immigration and Na2 tionality Act, as added by section 102, for any 

3 purpose other than to make a determination on 

4 any application by the alien for any immigra5 tion benefit or protection; 

6 (B) make any publication through which 

7 information furnished by any particular appli8 cant can be identified; or 

9 (C) permit anyone other than the sworn of10 ficers, employees, and contractors of such agen11 cy or of another entity approved by the Sec12 retary to examine any individual application for 

13 lawful status under this section or such section 

14 245B. 

15 (2) REQUIRED DISCLOSURES.—The Secretary 

16 shall provide the information furnished in an appli17 cation filed under this section or section 245B of the 

18 Immigration and Nationality Act, as added by sec19 tion 102, and any other information derived from 

20 such furnished information to— 

21 (A) a law enforcement agency, intelligence 

22 agency, national security agency, a component 

23 of the Department of Homeland Security, 

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

25 connection with— 


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1 (i) a criminal investigation or prosecu2 tion of any felony not related to the appli3 cant’s immigration status; or 

4 (ii) a national security investigation or 

5 prosecution; and 

6 (B) an official coroner for purposes of af7 firmatively identifying a deceased individual, 

8 whether or not the death of such individual re9 sulted from a crime. 

10 (3) AUDITING AND EVALUATION OF INFORMA11 TION.—The Secretary may— 

12 (A) audit and evaluate information fur13 nished as part of any application filed under 

14 this section or section 245B of the Immigration 

15 and Nationality Act, as added by section 102, 

16 for purposes of identifying immigration fraud or 

17 fraud schemes; and 

18 (B) use any evidence detected by means of 

19 audits and evaluations for purposes of inves20 tigating, prosecuting, referring for prosecution, 

21 or denying or terminating immigration benefits. 

22 (4) PRIVACY AND CIVIL LIBERTIES.— 

23 (A) IN GENERAL.—The Secretary shall re24 quire, in accordance with paragraph (1), appro25 priate administrative and physical safeguards to 


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1 protect the security, confidentiality, and integ2 rity of personally identifiable information col3 lected, maintained, and disseminated pursuant 

4 to this section and section 245B of the Immi5 gration and Nationality Act, as added by sec6 tion 102. 

7 (B) ASSESSMENTS.—Notwithstanding the 

8 privacy requirements set forth in section 222 of 

9 the Homeland Security Act of 2002 (6 U.S.C. 

10 142) and the E-Government Act of 2002 (Pub11 lic Law 107–347), the Secretary shall conduct 

12 a privacy impact assessment and a civil liberties 

13 impact assessment of the legalization program 

14 established under this section and section 245B 

15 of the Immigration and Nationality Act, as 

16 added by section 102, during the pendency of 

17 the final regulations to be issued pursuant to 

18 subsection (j). 

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

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

21 final regulations to implement this section. 

22 SEC. 102. ADJUSTMENT TO PERMANENT RESIDENT STATUS. 

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

24 1255 et seq.) is amended by inserting after section 245A 

25 the following: 


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1 ‘‘SEC. 245B. ADJUSTMENT TO PERMANENT RESIDENT STA2 TUS FOR AGRICULTURAL WORKERS. 

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

4 (b), and not earlier than 5 years after the date of the en5 actment of the Agricultural Worker Program Act of 2019, 

6 the Secretary shall adjust the status of an alien granted 

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

8 permanent residence if the Secretary determines that the 

9 following requirements are satisfied: 

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

11 provided in paragraph (3), the alien— 

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

13 the date of the enactment of the Agricultural 

14 Worker Program Act of 2019, performed not 

15 less than 100 work days of agricultural employ16 ment during each of 5 years; or 

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

18 such date of enactment, performed not less 

19 than 150 work days of agricultural employment 

20 during each of 3 years. 

21 ‘‘(2) EVIDENCE.—An alien demonstrates com22 pliance with the requirement under paragraph (1) by 

23 submitting to the Secretary— 

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

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1 tion 101(g)(1) of the Agricultural Worker Pro2 gram Act of 2019); 

3 ‘‘(B) documentation described in sub4 section (e)(4); or 

5 ‘‘(C) any other documentation designated 

6 by the Secretary for such purpose. 

7 ‘‘(3) EXTRAORDINARY CIRCUMSTANCES.— 

8 ‘‘(A) IN GENERAL.—In determining wheth9 er an alien has met the requirement under 

10 paragraph (1), the Secretary may credit the 

11 alien with not more than 12 additional months 

12 of agricultural employment in the United States 

13 to meet such requirement if the alien was un14 able to work in agricultural employment due 

15 to— 

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

17 disease established by the alien through 

18 medical records; 

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

20 needs of the alien’s child established by the 

21 alien through medical records; 

22 ‘‘(iii) severe weather conditions that 

23 prevented the alien from engaging in agri24 cultural employment for a significant pe25 riod; or 


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1 ‘‘(iv) termination from agricultural 

2 employment, if the Secretary determines 

3 that— 

4 ‘‘(I) the termination was without 

5 just cause; and 

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

7 alternative agricultural employment 

8 after a reasonable job search. 

9 ‘‘(B) EFFECT OF DETERMINATION.—A de10 termination under subparagraph (A)(iv), with 

11 respect to an alien, shall not be conclusive, 

12 binding, or admissible in a separate or subse13 quent judicial or administrative action or pro14 ceeding between the alien and a current or 

15 prior employer of the alien or any other party. 

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

17 for adjustment of status before the expiration of the 

18 alien’s blue card status. 

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

20 the Secretary, which shall be deposited into the Im21 migration Examinations Fee Account pursuant to 

22 section 286(m). 

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

24 STATUS.— 


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1 ‘‘(1) IN GENERAL.—The Secretary may not ad2 just the status of an alien granted blue card status 

3 if the alien— 

4 ‘‘(A) is no longer eligible for blue card sta5 tus; or 

6 ‘‘(B) failed to perform the qualifying em7 ployment required under subsection (a)(1), 

8 after considering any amount credited by the 

9 Secretary under subsection (a)(3). 

10 ‘‘(2) MAINTENANCE OF WAIVERS OF INADMIS11 SIBILITY.—The grounds of inadmissibility set forth 

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

13 alien or made inapplicable shall not apply for pur14 poses of the alien’s adjustment of status under this 

15 section. 

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

17 the Secretary has notified the applicant that the 

18 Secretary intends to revoke the applicant’s blue card 

19 status, the Secretary may not approve an application 

20 for adjustment of status under this section unless 

21 the Secretary makes a final determination not to re22 voke the applicant’s status. 

23 ‘‘(4) PAYMENT OF TAXES.— 

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

25 an application for adjustment of status under 


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1 this section unless the applicant has satisfied all 

2 applicable Federal tax liabilities. 

3 ‘‘(B) DEFINITION OF APPLICABLE FED4 ERAL TAX LIABILITY.—In this paragraph, the 

5 term ‘applicable Federal tax liabilities’ means 

6 all Federal income taxes assessed in accordance 

7 with chapter 63 of the Internal Revenue Code 

8 of 1986 since the date on which the applicant 

9 was authorized to work in the United States in 

10 blue card status. 

11 ‘‘(C) COMPLIANCE.—An alien may dem12 onstrate compliance with subparagraph (A) by 

13 submitting such documentation as the Sec14 retary, in consultation with the Secretary of the 

15 Treasury, may require by regulation. 

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

17 any other provision of law, the Secretary shall grant per18 manent resident status to the spouse or child of an alien 

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

20 ‘‘(1) the spouse or child (including any indi21 vidual who was a child on the date such alien was 

22 granted blue card status) applies for or received 

23 such status; 


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

2 children in an application for adjustment of status 

3 to that of a lawful permanent resident; and 

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

5 such status. 

6 ‘‘(d) NUMERICAL LIMITATIONS.—The numerical lim7 itations under sections 201 and 202 shall not apply to the 

8 adjustment of aliens to lawful permanent resident status 

9 under this section. 

10 ‘‘(e) SUBMISSION OF APPLICATIONS.— 

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

12 applicants for adjustment of status under this sec13 tion to determine whether the alien meets the eligi14 bility requirements set forth in this section. 

15 ‘‘(2) FEES.— 

16 ‘‘(A) IN GENERAL.—Applicants for adjust17 ment of status under this section shall pay a 

18 processing fee to the Secretary in an amount 

19 that will ensure the recovery of the full costs of 

20 adjudicating such applications, including— 

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

22 biometric data; 

23 ‘‘(ii) expenses relating to prevention 

24 and investigation of fraud; and 


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

2 such fee. 

3 ‘‘(B) AUTHORITY TO LIMIT FEES.—The 

4 Secretary may promulgate regulations— 

5 ‘‘(i) to limit the maximum processing 

6 fee payable under this paragraph by a fam7 ily, including spouses and children; and 

8 ‘‘(ii) to exempt defined classes of indi9 viduals from the payment of the fee under 

10 subparagraph (A). 

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

12 under paragraph (2)(A)— 

13 ‘‘(A) shall be deposited into the Immigra14 tion Examinations Fee Account pursuant to 

15 section 286(m); and 

16 ‘‘(B) shall remain available until expended 

17 pursuant to section 286(n). 

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

19 ‘‘(A) BURDEN OF PROOF.—An alien apply20 ing for blue card status under section 101 of 

21 the Agricultural Worker Program Act of 2019, 

22 or for adjustment of status under subsection 

23 (a), shall provide evidence that the alien has 

24 worked the requisite number of hours or days 

25 required under subsection (a)(1) of such section 


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1 101 or subsection (a)(1) of this section, as ap2 plicable. 

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

4 If an employer or farm labor contractor employ5 ing such an alien has kept proper and adequate 

6 records respecting such employment, the alien’s 

7 burden of proof under subparagraph (A) may 

8 be met by securing timely production of those 

9 records under regulations to be promulgated by 

10 the Secretary. 

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

12 may meet the burden of proof under subpara13 graph (A) to establish that the alien has per14 formed the days or hours of work referred to in 

15 subparagraph (A) by producing sufficient evi16 dence to show the extent of that employment as 

17 a matter of just and reasonable inference. 

18 ‘‘(f) PENALTIES FOR FALSE STATEMENTS IN APPLI19 CATIONS.— 

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

21 ‘‘(A) files an application for blue card sta22 tus under section 101 of the Agricultural Work23 er Program Act of 2019 or for an adjustment 

24 of status under this section and knowingly and 

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1 rial fact or makes any false, fictitious, or fraud2 ulent statements or representations, or makes 

3 or uses any false writing or document knowing 

4 the same to contain any false, fictitious, or 

5 fraudulent statement or entry; or 

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

7 document for use in making such an applica8 tion, 

9 shall be fined in accordance with title 18, United 

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

11 both. 

12 ‘‘(2) INADMISSIBILITY.—An alien who is con13 victed of a crime described in paragraph (1) shall be 

14 deemed inadmissible to the United States under sec15 tion 212(a)(6)(C)(i). 

16 ‘‘(3) DEPOSIT.—Fines collected under para17 graph (1) shall be deposited into the Immigration 

18 Examinations Fee Account pursuant to section 

19 286(m). 

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

21 504(a)(11) of the Departments of Commerce, Justice, and 

22 State, the Judiciary, and Related Agencies Appropriations 

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

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


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

2 from providing legal assistance directly related to— 

3 ‘‘(1) an application for blue card status under 

4 section 101 of the Agricultural Worker Program Act 

5 of 2019 to an individual seeking such status; or 

6 ‘‘(2) an application for an adjustment to per7 manent residence status under this section. 

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

9 Aliens applying for blue card status under section 101 of 

10 the Agricultural Worker Program Act of 2019 or for ad11 justment to permanent resident status under this section 

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

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

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

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

16 1151(b)(1)) is amended— 

17 (1) by redesignating subparagraph (E) as sub18 paragraph (F); and 

19 (2) by inserting after subparagraph (D) the fol20 lowing: 

21 ‘‘(E) Aliens granted lawful permanent resident 

22 status under section 245B.’’. 

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

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


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

2 section 245A the following: 

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

3 SEC. 103. USE OF INFORMATION. 

4 Beginning not later than the first day of the applica5 tion period described in section 101(b)(3), the Secretary, 

6 in cooperation with qualified designated entities, shall 

7 broadly disseminate information regarding— 

8 (1) the benefits that aliens may receive under 

9 this title and the amendments made by this title; 

10 and 

11 (2) the requirements that an alien is required 

12 to meet to receive such benefits. 

13 SEC. 104. REPORTS ON BLUE CARDS. 

14 Not later than 6 months after the publication of the 

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

16 the following 8 years, the Secretary shall submit a report 

17 to Congress that identifies, for the previous fiscal year— 

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

19 card status; 

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

21 card status; 

22 (3) the number of aliens who applied for an ad23 justment of status pursuant to section 245B(a) of 


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1 the Immigration and Nationality Act, as added by 

2 section 102; and 

3 (4) the number of aliens who received an ad4 justment of status pursuant such section 245B(a). 

5 SEC. 105. AUTHORIZATION OF APPROPRIATIONS. 

6 There are authorized to be appropriated to the Sec7 retary such amounts as may be necessary to implement 

8 this title, including any amounts needed for costs associ9 ated with the initiation of such implementation during fis10 cal years 2019 and 2020. 

11 TITLE II—CORRECTION OF 

12 SOCIAL SECURITY RECORDS 

13 SEC. 201. CORRECTION OF SOCIAL SECURITY RECORDS. 

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

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

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

17 the end; 

18 (2) in subparagraph (C), by adding ‘‘or’’ at the 

19 end; 

20 (3) by inserting after subparagraph (C) the fol21 lowing: 

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

23 under section 101 of the Agricultural Worker 

24 Program Act of 2019,’’; and 


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1 (4) in the undesignated matter following sub2 paragraph (D), as added by paragraph (3), by strik3 ing ‘‘1990.’’ and inserting ‘‘1990, or in the case of 

4 an alien described in subparagraph (D), if such con5 duct is alleged to have occurred before the date on 

6 which the alien was granted blue card status under 

7 section 101(a) of the Agricultural Worker Program 

8 Act of 2019.’’. 

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

10 subsection (a) shall take effect on the first day of the sev11 enth month that begins after the date of the enactment 

12 of this Act. 

13 TITLE III—DEFINITIONS 

14 SEC. 301. DEFINITIONS. 

15 In this Act: 

16 (1) AGRICULTURAL EMPLOYMENT.—The term 

17 ‘‘agricultural employment’’ has the meaning given 

18 such term in section 3 of the Migrant and Seasonal 

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

20 1802), without regard to whether the specific service 

21 or activity is temporary or seasonal. 

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

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

24 lawfully admitted into the United States for tem25 porary residence under section 101. 


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

2 given such term in section 101(b)(1) of the Immi3 gration and Nationality Act (8 U.S.C. 1101(b)(1)). 

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

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

6 the United States for purposes of section 

7 101(a)(1)(B)(iii) if any absences from the United 

8 States during the applicable period were brief, cas9 ual, and innocent, whether or not such absences 

10 were authorized by the Secretary. 

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

12 any person or entity, including any farm labor con13 tractor and any agricultural association, that em14 ploys workers in agricultural employment. 

15 (6) QUALIFIED DESIGNATED ENTITY.—The 

16 term ‘‘qualified designated entity’’ means— 

17 (A) a qualified farm labor organization or 

18 an association of employers designated by the 

19 Secretary; or 

20 (B) any other entity that the Secretary 

21 designates as having substantial experience, 

22 demonstrated competence, and a history of 

23 long-term involvement in the preparation and 

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1 tus under title II of the Immigration and Na2 tionality Act (8 U.S.C. 1151 et seq.). 

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

4 work’’ means work performed in agricultural em5 ployment in the United States for not fewer than 

6 575 hours or 100 work days during the 2-year pe7 riod ending on the date of the enactment of this Act. 

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

9 the Secretary of Homeland Security. 

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

11 any day in which the individual is employed 5.75 or 

12 more hours in agricultural employment. 

Æ 


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