I 
117TH CONGRESS 
1ST SESSION H. R. 1537 
To amend the Immigration and Nationality Act to provide for terms and 
conditions for nonimmigrant workers performing agricultural labor or 
services, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 3, 2021 
Ms. LOFGREN (for herself, Mr. NEWHOUSE, Mr. COSTA, and Mr. PANETTA) 
introduced the following bill; which was referred to the Committee on the 
Judiciary, and in addition to the Committees on Ways and Means, Edu-
cation and Labor, and Financial Services, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To amend the Immigration and Nationality Act to provide 
for terms and conditions for nonimmigrant workers per-
forming agricultural labor or services, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Farm Workforce Modernization Act of 2021’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—SECURING THE DOMESTIC AGRICULTURAL WORKFORCE 
Subtitle A—Temporary Status for Certified Agricultural Workers 
Sec. 101. Certified agricultural worker status. 
Sec. 102. Terms and conditions of certified status. 
Sec. 103. Extensions of certified status. 
Sec. 104. Determination of continuous presence. 
Sec. 105. Employer obligations. 
Sec. 106. Administrative and judicial review. 
Subtitle B—Optional Earned Residence for Long-Term Workers 
Sec. 111. Optional adjustment of status for long-term agricultural workers. 
Sec. 112. Payment of taxes. 
Sec. 113. Adjudication and decision; review. 
Subtitle C—General Provisions 
Sec. 121. Definitions. 
Sec. 122. Rulemaking; fees. 
Sec. 123. Background checks. 
Sec. 124. Protection for children. 
Sec. 125. Limitation on removal. 
Sec. 126. Documentation of agricultural work history. 
Sec. 127. Employer protections. 
Sec. 128. Correction of social security records; conforming amendments. 
Sec. 129. Disclosures and privacy. 
Sec. 130. Penalties for false statements in applications. 
Sec. 131. Dissemination of information. 
Sec. 132. Exemption from numerical limitations. 
Sec. 133. Reports to Congress. 
Sec. 134. Grant program to assist eligible applicants. 
Sec. 135. Authorization of appropriations. 
TITLE II—ENSURING AN AGRICULTURAL WORKFORCE FOR THE 
FUTURE 
Subtitle A—Reforming the H–2A Temporary Worker Program 
Sec. 201. Comprehensive and streamlined electronic H–2A platform. 
Sec. 202. H–2A program requirements. 
Sec. 203. Agency roles and responsibilities. 
Sec. 204. Worker protection and compliance. 
Sec. 205. Report on wage protections. 
Sec. 206. Portable H–2A visa pilot program. 
Sec. 207. Improving access to permanent residence. 
Subtitle B—Preservation and Construction of Farmworker Housing 
Sec. 220. Short title. 
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Sec. 221. Permanent establishment of housing preservation and revitalization 
program. 
Sec. 222. Eligibility for rural housing vouchers. 
Sec. 223. Amount of voucher assistance. 
Sec. 224. Rental assistance contract authority. 
Sec. 225. Funding for multifamily technical improvements. 
Sec. 226. Plan for preserving affordability of rental projects. 
Sec. 227. Covered housing programs. 
Sec. 228. New farmworker housing. 
Sec. 229. Loan and grant limitations. 
Sec. 230. Operating assistance subsidies. 
Sec. 231. Eligibility of certified workers. 
Subtitle C—Foreign Labor Recruiter Accountability 
Sec. 251. Registration of foreign labor recruiters. 
Sec. 252. Enforcement. 
Sec. 253. Appropriations. 
Sec. 254. Definitions. 
TITLE III—ELECTRONIC VERIFICATION OF EMPLOYMENT 
ELIGIBILITY 
Sec. 301. Electronic employment eligibility verification system. 
Sec. 302. Mandatory electronic verification for the agricultural industry. 
Sec. 303. Coordination with E-Verify Program. 
Sec. 304. Fraud and misuse of documents. 
Sec. 305. Technical and conforming amendments. 
Sec. 306. Protection of Social Security Administration programs. 
Sec. 307. Report on the implementation of the electronic employment 
verification system. 
Sec. 308. Modernizing and streamlining the employment eligibility verification 
process. 
Sec. 309. Rulemaking and Paperwork Reduction Act. 
TITLE I—SECURING THE DOMES-
TIC 
AGRICULTURAL 
WORK-
FORCE 
Subtitle A—Temporary Status for 
Certified Agricultural Workers 
SEC. 101. CERTIFIED AGRICULTURAL WORKER STATUS. 
(a) REQUIREMENTS FOR CERTIFIED AGRICULTURAL 
WORKER STATUS.— 
(1) PRINCIPAL
ALIENS.—The Secretary may 
grant certified agricultural worker status to an alien 
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who submits a completed application, including the 
required processing fees, before the end of the period 
set forth in subsection (c) and who— 
(A) performed agricultural labor or serv-
ices in the United States for at least 1,035 
hours (or 180 work days) during the 2-year pe-
riod preceding the date of the introduction of 
this Act; 
(B) on the date of the introduction of this 
Act— 
(i) is inadmissible or deportable from 
the United States; or 
(ii) is under a grant of deferred en-
forced departure or has temporary pro-
tected status under section 244 of the Im-
migration and Nationality Act; 
(C) subject to section 104, has been con-
tinuously present in the United States since the 
date of the introduction of this Act and until 
the date on which the alien is granted certified 
agricultural worker status; and 
(D) is not otherwise ineligible for certified 
agricultural worker status as provided in sub-
section (b). 
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(2) DEPENDENT SPOUSE AND CHILDREN.—The 
Secretary may grant certified agricultural dependent 
status to the spouse or child of an alien granted cer-
tified agricultural worker status under paragraph 
(1) if the spouse or child is not ineligible for cer-
tified agricultural dependent status as provided in 
subsection (b). 
(b) GROUNDS FOR INELIGIBILITY.— 
(1) GROUNDS OF INADMISSIBILITY.—Except as 
provided in paragraph (3), an alien is ineligible for 
certified agricultural worker or certified agricultural 
dependent status if the Secretary determines that 
the alien is inadmissible under section 212(a) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1182(a)), except that in determining inadmis-
sibility— 
(A) paragraphs (4), (5), (7), and (9)(B) of 
such section shall not apply; 
(B) subparagraphs (A), (C), (D), (F), and 
(G) of such section 212(a)(6) and paragraphs 
(9)(C) and (10)(B) of such section 212(a) shall 
not apply unless based on the act of unlawfully 
entering the United States after the date of in-
troduction of this Act; and 
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(C) paragraphs (6)(B) and (9)(A) of such 
section 212(a) shall not apply unless the rel-
evant conduct began on or after the date of fil-
ing of the application for certified agricultural 
worker status. 
(2) ADDITIONAL
CRIMINAL
BARS.—Except as 
provided in paragraph (3), an alien is ineligible for 
certified agricultural worker or certified agricultural 
dependent status if the Secretary determines that, 
excluding any offense under State law for which an 
essential element is the alien’s immigration status 
and any minor traffic offense, the alien has been 
convicted of— 
(A) any felony offense; 
(B) an aggravated felony (as defined in 
section 101(a)(43) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(43)) at the 
time of the conviction); 
(C) two misdemeanor offenses involving 
moral turpitude, as described in section 
212(a)(2)(A)(i)(I) of the Immigration and Na-
tionality Act (8 U.S.C. 1182(a)(2)(A)(i)(I)), 
unless an offense is waived by the Secretary 
under paragraph (3)(B); or 
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(D) three or more misdemeanor offenses 
not occurring on the same date, and not arising 
out of the same act, omission, or scheme of 
misconduct. 
(3) WAIVERS FOR CERTAIN GROUNDS OF INAD-
MISSIBILITY.—For humanitarian purposes, family 
unity, or if otherwise in the public interest, the Sec-
retary may waive the grounds of inadmissibility 
under— 
(A) paragraph (1), (6)(E), or (10)(D) of 
section 212(a) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(a)); or 
(B) subparagraphs (A) and (D) of section 
212(a)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1182(a)(2)), unless inadmis-
sibility is based on a conviction that would oth-
erwise render the alien ineligible under subpara-
graph (A), (B), or (D) of paragraph (2). 
(c) APPLICATION.— 
(1) APPLICATION PERIOD.—Except as provided 
in paragraph (2), the Secretary shall accept initial 
applications for certified agricultural worker status 
during the 18-month period beginning on the date 
on which the interim final rule is published in the 
Federal Register pursuant to section 122(a). 
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(2) EXTENSION.—If the Secretary determines, 
during the initial period described in paragraph (1), 
that additional time is required to process initial ap-
plications for certified agricultural worker status or 
for other good cause, the Secretary may extend the 
period for accepting applications for up to an addi-
tional 12 months. 
(3) SUBMISSION OF APPLICATIONS.— 
(A) IN GENERAL.—An alien may file an 
application with the Secretary under this sec-
tion with the assistance of an attorney or a 
nonprofit religious, charitable, social service, or 
similar organization recognized by the Board of 
Immigration Appeals under section 292.2 of 
title 8, Code of Federal Regulations. The Sec-
retary shall also create a procedure for accept-
ing applications filed by qualified designated en-
tities with the consent of the applicant. 
(B) FARM
SERVICE
AGENCY
OFFICES.— 
The Secretary, in consultation with the Sec-
retary of Agriculture, shall establish a process 
for the filing of applications under this section 
at Farm Service Agency offices throughout the 
United States. 
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(4) EVIDENCE
OF
APPLICATION
FILING.—As 
soon as practicable after receiving an application for 
certified agricultural worker status, the Secretary 
shall provide the applicant with a document acknowl-
edging the receipt of such application. Such docu-
ment shall serve as interim proof of the alien’s au-
thorization to accept employment in the United 
States and shall be accepted by an employer as evi-
dence of employment authorization under section 
274A(b)(1)(C) of the Immigration and Nationality 
Act (8 U.S.C. 1324a(b)(1)(C)), if the employer is 
employing the holder of such document to perform 
agricultural labor or services, pending a final admin-
istrative decision on the application. 
(5) EFFECT OF PENDING APPLICATION.—Dur-
ing the period beginning on the date on which an 
alien applies for certified agricultural worker status 
under this subtitle, and ending on the date on which 
the Secretary makes a final administrative decision 
regarding such application, the alien and any de-
pendents included in the application— 
(A) may apply for advance parole, which 
shall be granted upon demonstrating a legiti-
mate need to travel outside the United States 
for a temporary purpose; 
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(B) may not be detained by the Secretary 
or removed from the United States unless the 
Secretary makes a prima facie determination 
that such alien is, or has become, ineligible for 
certified agricultural worker status; 
(C) may not be considered unlawfully 
present under section 212(a)(9)(B) of the Im-
migration and Nationality Act (8 U.S.C. 
1182(a)(9)(B)); and 
(D) may not be considered an unauthor-
ized alien (as defined in section 274A(h)(3) of 
the Immigration and Nationality Act (8 U.S.C. 
1324a(h)(3))). 
(6) WITHDRAWAL OF APPLICATION.—The Sec-
retary shall, upon receipt of a request from the ap-
plicant to withdraw an application for certified agri-
cultural worker status under this subtitle, cease 
processing of the application, and close the case. 
Withdrawal of the application shall not prejudice 
any future application filed by the applicant for any 
immigration benefit under this Act or under the Im-
migration and Nationality Act (8 U.S.C. 1101 et 
seq.). 
(d) ADJUDICATION AND DECISION.— 
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(1) IN GENERAL.—Subject to section 123, the 
Secretary shall render a decision on an application 
for certified agricultural worker status not later than 
180 days after the date the application is filed. 
(2) NOTICE.—Prior to denying an application 
for certified agricultural worker status, the Sec-
retary shall provide the alien with— 
(A) written notice that describes the basis 
for ineligibility or the deficiencies in the evi-
dence submitted; and 
(B) at least 90 days to contest ineligibility 
or submit additional evidence. 
(3) AMENDED APPLICATION.—An alien whose 
application for certified agricultural worker status is 
denied under this section may submit an amended 
application for such status to the Secretary if the 
amended application is submitted within the applica-
tion period described in subsection (c) and contains 
all the required information and fees that were miss-
ing from the initial application. 
(e) ALTERNATIVE H–2A STATUS.—An alien who has 
not met the required period of agricultural labor or serv-
ices under subsection (a)(1)(A), but is otherwise eligible 
for certified agricultural worker status under such sub-
section, shall be eligible for classification as a non-
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immigrant described in section 101(a)(15)(H)(ii)(a) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(H)(ii)(a)) upon approval of a petition sub-
mitted by a sponsoring employer, if the alien has per-
formed at least 575 hours (or 100 work days) of agricul-
tural labor or services during the 3-year period preceding 
the date of the introduction of this Act. The Secretary 
shall create a procedure to provide for such classification 
without requiring the alien to depart the United States 
and obtain a visa abroad. 
SEC. 102. TERMS AND CONDITIONS OF CERTIFIED STATUS. 
(a) IN GENERAL.— 
(1) APPROVAL.—Upon approval of an applica-
tion for certified agricultural worker status, or an 
extension of such status pursuant to section 103, the 
Secretary shall issue— 
(A) documentary evidence of such status to 
the applicant; and 
(B) documentary evidence of certified agri-
cultural dependent status to any qualified de-
pendent included on such application. 
(2) DOCUMENTARY EVIDENCE.—In addition to 
any other features and information as the Secretary 
may prescribe, the documentary evidence described 
in paragraph (1)— 
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(A) shall be machine-readable and tamper- 
resistant; 
(B) shall contain a digitized photograph; 
(C) shall serve as a valid travel and entry 
document for purposes of applying for admis-
sion to the United States; and 
(D) shall be accepted during the period of 
its validity by an employer as evidence of em-
ployment authorization and identity under sec-
tion 274A(b)(1)(B) of the Immigration and Na-
tionality Act (8 U.S.C. 1324a(b)(1)(B)). 
(3) VALIDITY
PERIOD.—Certified agricultural 
worker and certified agricultural dependent status 
shall be valid for 51⁄2 years beginning on the date of 
approval. 
(4) TRAVEL
AUTHORIZATION.—An alien with 
certified agricultural worker or certified agricultural 
dependent status may— 
(A) travel within and outside of the United 
States, including commuting to the United 
States from a residence in a foreign country; 
and 
(B) be admitted to the United States upon 
return from travel abroad without first obtain-
ing a visa if the alien is in possession of— 
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(i) valid, unexpired documentary evi-
dence of certified agricultural worker or 
certified agricultural worker dependent sta-
tus as described in subsection (a); or 
(ii) a travel document that has been 
approved by the Secretary and was issued 
to the alien after the alien’s original docu-
mentary evidence was lost, stolen, or de-
stroyed. 
(b) ABILITY TO CHANGE STATUS.— 
(1) CHANGE
TO
CERTIFIED
AGRICULTURAL 
WORKER STATUS.—Notwithstanding section 101(a), 
an alien with valid certified agricultural dependent 
status may apply to change to certified agricultural 
worker status, at any time, if the alien— 
(A) submits a completed application, in-
cluding the required processing fees; and 
(B) is not ineligible for certified agricul-
tural worker status under section 101(b). 
(2) CLARIFICATION.—Nothing in this title pro-
hibits an alien granted certified agricultural worker 
or certified agricultural dependent status from 
changing status to any other nonimmigrant classi-
fication for which the alien may be eligible. 
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(c) PROHIBITION ON PUBLIC BENEFITS, TAX BENE-
FITS, AND HEALTH CARE SUBSIDIES.—Aliens granted 
certified agricultural worker or certified agricultural de-
pendent status shall be considered lawfully present in the 
United States for all purposes for the duration of their 
status, except that such aliens— 
(1) shall be ineligible for Federal means-tested 
public benefits to the same extent as other individ-
uals who are not qualified aliens under section 431 
of the Personal Responsibility and Work Oppor-
tunity Reconciliation Act of 1996 (8 U.S.C. 1641); 
(2) are not entitled to the premium assistance 
tax credit authorized under section 36B of the Inter-
nal Revenue Code of 1986 (26 U.S.C. 36B), and 
shall be subject to the rules applicable to individuals 
who are not lawfully present set forth in subsection 
(e) of such section; 
(3) shall be subject to the rules applicable to in-
dividuals who are not lawfully present set forth in 
section 1402(e) of the Patient Protection and Af-
fordable Care Act (42 U.S.C. 18071(e)); and 
(4) shall be subject to the rules applicable to in-
dividuals not lawfully present set forth in section 
5000A(d)(3) of the Internal Revenue Code of 1986 
(26 U.S.C. 5000A(d)(3)). 
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(d) REVOCATION OF STATUS.— 
(1) IN GENERAL.—The Secretary may revoke 
certified agricultural worker or certified agricultural 
dependent status if, after providing notice to the 
alien and the opportunity to provide evidence to con-
test the proposed revocation, the Secretary deter-
mines that the alien no longer meets the eligibility 
requirements for such status under section 101(b). 
(2) INVALIDATION OF DOCUMENTATION.—Upon 
the Secretary’s final determination to revoke an 
alien’s certified agricultural worker or certified agri-
cultural dependent status, any documentation issued 
by the Secretary to such alien under subsection (a) 
shall automatically be rendered invalid for any pur-
pose except for departure from the United States. 
SEC. 103. EXTENSIONS OF CERTIFIED STATUS. 
(a) REQUIREMENTS FOR EXTENSIONS OF STATUS.— 
(1) PRINCIPAL
ALIENS.—The Secretary may 
extend certified agricultural worker status for addi-
tional periods of 51⁄2 years to an alien who submits 
a completed application, including the required proc-
essing fees, within the 120-day period beginning 60 
days before the expiration of the fifth year of the 
immediately preceding grant of certified agricultural 
worker status, if the alien— 
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(A) except as provided in section 126(c), 
has performed agricultural labor or services in 
the United States for at least 575 hours (or 
100 work days) for each of the prior 5 years in 
which the alien held certified agricultural work-
er status; and 
(B) has not become ineligible for certified 
agricultural worker status under section 101(b). 
(2) DEPENDENT SPOUSE AND CHILDREN.—The 
Secretary may grant or extend certified agricultural 
dependent status to the spouse or child of an alien 
granted an extension of certified agricultural worker 
status under paragraph (1) if the spouse or child is 
not ineligible for certified agricultural dependent sta-
tus under section 101(b). 
(3) WAIVER
FOR
LATE
FILINGS.—The Sec-
retary may waive an alien’s failure to timely file be-
fore the expiration of the 120-day period described 
in paragraph (1) if the alien demonstrates that the 
delay was due to extraordinary circumstances be-
yond the alien’s control or for other good cause. 
(b) STATUS FOR WORKERS WITH PENDING APPLICA-
TIONS.— 
(1) IN GENERAL.—Certified agricultural worker 
status of an alien who timely files an application to 
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extend such status under subsection (a) (and the 
status of the alien’s dependents) shall be automati-
cally extended through the date on which the Sec-
retary makes a final administrative decision regard-
ing such application. 
(2) DOCUMENTATION
OF
EMPLOYMENT
AU-
THORIZATION.—As soon as practicable after receipt 
of an application to extend certified agricultural 
worker status under subsection (a), the Secretary 
shall issue a document to the alien acknowledging 
the receipt of such application. An employer of the 
worker may not refuse to accept such document as 
evidence of employment authorization under section 
274A(b)(1)(C) of the Immigration and Nationality 
Act (8 U.S.C. 1324a(b)(1)(C)), pending a final ad-
ministrative decision on the application. 
(c) NOTICE.—Prior to denying an application to ex-
tend certified agricultural worker status, the Secretary 
shall provide the alien with— 
(1) written notice that describes the basis for 
ineligibility or the deficiencies of the evidence sub-
mitted; and 
(2) at least 90 days to contest ineligibility or 
submit additional evidence. 
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SEC. 104. DETERMINATION OF CONTINUOUS PRESENCE. 
(a) EFFECT OF NOTICE TO APPEAR.—The contin-
uous presence in the United States of an applicant for cer-
tified agricultural worker status under section 101 shall 
not terminate when the alien is served a notice to appear 
under section 239(a) of the Immigration and Nationality 
Act (8 U.S.C. 1229(a)). 
(b) TREATMENT
OF CERTAIN BREAKS
IN PRES-
ENCE.— 
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), an alien shall be considered to 
have failed to maintain continuous presence in the 
United States under this subtitle if the alien de-
parted the United States for any period exceeding 
90 days, or for any periods, in the aggregate, ex-
ceeding 180 days. 
(2) EXTENSIONS
FOR
EXTENUATING
CIR-
CUMSTANCES.—The Secretary may extend the time 
periods described in paragraph (1) for an alien who 
demonstrates that the failure to timely return to the 
United States was due to extenuating circumstances 
beyond the alien’s control, including the serious ill-
ness of the alien, or death or serious illness of a 
spouse, parent, son or daughter, grandparent, or sib-
ling of the alien. 
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(3) 
TRAVEL
AUTHORIZED
BY
THE
SEC-
RETARY.—Any period of travel outside of the United 
States by an alien that was authorized by the Sec-
retary shall not be counted toward any period of de-
parture from the United States under paragraph 
(1). 
SEC. 105. EMPLOYER OBLIGATIONS. 
(a) RECORD OF EMPLOYMENT.—An employer of an 
alien in certified agricultural worker status shall provide 
such alien with a written record of employment each year 
during which the alien provides agricultural labor or serv-
ices to such employer as a certified agricultural worker. 
(b) CIVIL PENALTIES.— 
(1) IN GENERAL.—If the Secretary determines, 
after notice and an opportunity for a hearing, that 
an employer of an alien with certified agricultural 
worker status has knowingly failed to provide the 
record of employment required under subsection (a), 
or has provided a false statement of material fact in 
such a record, the employer shall be subject to a civil 
penalty in an amount not to exceed $500 per viola-
tion. 
(2) LIMITATION.—The penalty under paragraph 
(1) for failure to provide employment records shall 
not apply unless the alien has provided the employer 
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with evidence of employment authorization described 
in section 102 or 103. 
(3) DEPOSIT OF CIVIL PENALTIES.—Civil pen-
alties collected under this paragraph shall be depos-
ited into the Immigration Examinations Fee Ac-
count under section 286(m) of the Immigration and 
Nationality Act (8 U.S.C. 1356(m)). 
SEC. 106. ADMINISTRATIVE AND JUDICIAL REVIEW. 
(a) ADMINISTRATIVE REVIEW.—The Secretary shall 
establish a process by which an applicant may seek admin-
istrative review of a denial of an application for certified 
agricultural worker status under this subtitle, an applica-
tion to extend such status, or a revocation of such status. 
(b) ADMISSIBILITY IN IMMIGRATION COURT.—Each 
record of an alien’s application for certified agricultural 
worker status under this subtitle, application to extend 
such status, revocation of such status, and each record 
created pursuant to the administrative review process 
under subsection (a) is admissible in immigration court, 
and shall be included in the administrative record. 
(c) JUDICIAL REVIEW.—Notwithstanding any other 
provision of law, judicial review of the Secretary’s decision 
to deny an application for certified agricultural worker 
status, an application to extend such status, or the deci-
sion to revoke such status, shall be limited to the review 
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of an order of removal under section 242 of the Immigra-
tion and Nationality Act (8 U.S.C. 1252). 
Subtitle B—Optional Earned 
Residence for Long-Term Workers 
SEC. 111. OPTIONAL ADJUSTMENT OF STATUS FOR LONG- 
TERM AGRICULTURAL WORKERS. 
(a) REQUIREMENTS
FOR ADJUSTMENT
OF STA-
TUS.— 
(1) PRINCIPAL
ALIENS.—The Secretary may 
adjust the status of an alien from that of a certified 
agricultural worker to that of a lawful permanent 
resident if the alien submits a completed application, 
including the required processing and penalty fees, 
and the Secretary determines that— 
(A) except as provided in section 126(c), 
the alien performed agricultural labor or serv-
ices for not less than 575 hours (or 100 work 
days) each year— 
(i) for at least 10 years prior to the 
date of the enactment of this Act and for 
at least 4 years in certified agricultural 
worker status; or 
(ii) for fewer than 10 years prior to 
the date of the enactment of this Act and 
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for at least 8 years in certified agricultural 
worker status; and 
(B) the alien has not become ineligible for 
certified agricultural worker status under sec-
tion 101(b). 
(2) DEPENDENT ALIENS.— 
(A) IN GENERAL.—The spouse and each 
child of an alien described in paragraph (1) 
whose status has been adjusted to that of a 
lawful permanent resident may be granted law-
ful permanent residence under this subtitle if— 
(i) the qualifying relationship to the 
principal alien existed on the date on which 
such alien was granted adjustment of sta-
tus under this subtitle; and 
(ii) the spouse or child is not ineligible 
for certified agricultural worker dependent 
status under section 101(b). 
(B) PROTECTIONS
FOR
SPOUSES
AND 
CHILDREN.—The Secretary of Homeland Secu-
rity shall establish procedures to allow the 
spouse or child of a certified agricultural work-
er to self-petition for lawful permanent resi-
dence under this subtitle in cases involving— 
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(i) the death of the certified agricul-
tural worker, so long as the spouse or child 
submits a petition not later than 2 years 
after the date of the worker’s death; or 
(ii) the spouse or a child being bat-
tered or subjected to extreme cruelty by 
the certified agricultural worker. 
(3) DOCUMENTATION OF WORK HISTORY.—An 
applicant for adjustment of status under this section 
shall not be required to resubmit evidence of work 
history that has been previously submitted to the 
Secretary in connection with an approved extension 
of certified agricultural worker status. 
(b) PENALTY FEE.—In addition to any processing 
fee that the Secretary may assess in accordance with sec-
tion 122(b), a principal alien seeking adjustment of status 
under this subtitle shall pay a $1,000 penalty fee, which 
shall be deposited into the Immigration Examinations Fee 
Account pursuant to section 286(m) of the Immigration 
and Nationality Act (8 U.S.C.1356(m)). 
(c) EFFECT OF PENDING APPLICATION.—During the 
period beginning on the date on which an alien applies 
for adjustment of status under this subtitle, and ending 
on the date on which the Secretary makes a final adminis-
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trative decision regarding such application, the alien and 
any dependents included on the application— 
(1) may apply for advance parole, which shall 
be granted upon demonstrating a legitimate need to 
travel outside the United States for a temporary 
purpose; 
(2) may not be detained by the Secretary or re-
moved from the United States unless the Secretary 
makes a prima facie determination that such alien 
is, or has become, ineligible for adjustment of status 
under subsection (a); 
(3) may not be considered unlawfully present 
under section 212(a)(9)(B) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(9)(B)); and 
(4) may not be considered an unauthorized 
alien (as defined in section 274A(h)(3) of the Immi-
gration 
and 
Nationality 
Act 
(8 
U.S.C. 
1324a(h)(3))). 
(d) EVIDENCE OF APPLICATION FILING.—As soon as 
practicable after receiving an application for adjustment 
of status under this subtitle, the Secretary shall provide 
the applicant with a document acknowledging the receipt 
of such application. Such document shall serve as interim 
proof of the alien’s authorization to accept employment 
in the United States and shall be accepted by an employer 
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as evidence of employment authorization under section 
274A(b)(1)(C) of the Immigration and Nationality Act (8 
U.S.C. 1324a(b)(1)(C)), pending a final administrative 
decision on the application. 
(e) WITHDRAWAL OF APPLICATION.—The Secretary 
shall, upon receipt of a request to withdraw an application 
for adjustment of status under this subtitle, cease proc-
essing of the application, and close the case. Withdrawal 
of the application shall not prejudice any future applica-
tion filed by the applicant for any immigration benefit 
under this Act or under the Immigration and Nationality 
Act (8 U.S.C. 1101 et seq.). 
SEC. 112. PAYMENT OF TAXES. 
(a) IN GENERAL.—An alien may not be granted ad-
justment of status under this subtitle unless the applicant 
has satisfied any applicable Federal tax liability. 
(b) COMPLIANCE.—An alien may demonstrate com-
pliance with subsection (a) by submitting such documenta-
tion as the Secretary, in consultation with the Secretary 
of the Treasury, may require by regulation. 
SEC. 113. ADJUDICATION AND DECISION; REVIEW. 
(a) IN GENERAL.—Subject to the requirements of 
section 123, the Secretary shall render a decision on an 
application for adjustment of status under this subtitle not 
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later than 180 days after the date on which the application 
is filed. 
(b) NOTICE.—Prior to denying an application for ad-
justment of status under this subtitle, the Secretary shall 
provide the alien with— 
(1) written notice that describes the basis for 
ineligibility or the deficiencies of the evidence sub-
mitted; and 
(2) at least 90 days to contest ineligibility or 
submit additional evidence. 
(c) ADMINISTRATIVE REVIEW.—The Secretary shall 
establish a process by which an applicant may seek admin-
istrative review of a denial of an application for adjust-
ment of status under this subtitle. 
(d) JUDICIAL REVIEW.—Notwithstanding any other 
provision of law, an alien may seek judicial review of a 
denial of an application for adjustment of status under 
this title in an appropriate United States district court. 
Subtitle C—General Provisions 
SEC. 121. DEFINITIONS. 
In this title: 
(1) IN
GENERAL.—Except as otherwise pro-
vided, any term used in this title that is used in the 
immigration laws shall have the meaning given such 
term in the immigration laws (as such term is de-
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fined in section 101 of the Immigration and Nation-
ality Act (8 U.S.C. 1101)). 
(2) AGRICULTURAL LABOR OR SERVICES.—The 
term ‘‘agricultural labor or services’’ means— 
(A) agricultural labor or services as such 
term is used in section 101(a)(15)(H)(ii) of the 
Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(H)(ii)), without regard to whether 
the labor or services are of a seasonal or tem-
porary nature; and 
(B) agricultural employment as such term 
is defined in section 3 of the Migrant and Sea-
sonal Agricultural Worker Protection Act (29 
U.S.C. 1802), without regard to whether the 
specific service or activity is temporary or sea-
sonal. 
(3) APPLICABLE
FEDERAL
TAX
LIABILITY.— 
The term ‘‘applicable Federal tax liability’’ means all 
Federal income taxes assessed in accordance with 
section 6203 of the Internal Revenue Code of 1986 
beginning on the date on which the applicant was 
authorized to work in the United States as a cer-
tified agricultural worker. 
(4) APPROPRIATE
UNITED
STATES
DISTRICT 
COURT.—The term ‘‘appropriate United States dis-
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trict court’’ means the United States District Court 
for the District of Columbia or the United States 
district court with jurisdiction over the alien’s prin-
cipal place of residence. 
(5) CHILD.—The term ‘‘child’’ has the meaning 
given such term in section 101(b)(1) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(b)(1)). 
(6) CONVICTED
OR
CONVICTION.—The term 
‘‘convicted’’ or ‘‘conviction’’ does not include a judg-
ment that has been expunged or set aside, that re-
sulted in a rehabilitative disposition, or the equiva-
lent. 
(7) EMPLOYER.—The term ‘‘employer’’ means 
any person or entity, including any labor contractor 
or any agricultural association, that employs workers 
in agricultural labor or services. 
(8) QUALIFIED
DESIGNATED
ENTITY.—The 
term ‘‘qualified designated entity’’ means— 
(A) a qualified farm labor organization or 
an association of employers designated by the 
Secretary; or 
(B) any other entity that the Secretary 
designates as having substantial experience, 
demonstrated competence, and a history of 
long-term involvement in the preparation and 
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submission of application for adjustment of sta-
tus under title II of the Immigration and Na-
tionality Act (8 U.S.C. 1151 et seq.). 
(9) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
(10) WORK DAY.—The term ‘‘work day’’ means 
any day in which the individual is employed 5.75 or 
more hours in agricultural labor or services. 
SEC. 122. RULEMAKING; FEES. 
(a) RULEMAKING.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary shall pub-
lish in the Federal Register, an interim final rule imple-
menting this title. Notwithstanding section 553 of title 5, 
United States Code, the rule shall be effective, on an in-
terim basis, immediately upon publication, but may be 
subject to change and revision after public notice and op-
portunity for comment. The Secretary shall finalize such 
rule not later than 1 year after the date of the enactment 
of this Act. 
(b) FEES.— 
(1) IN GENERAL.—The Secretary may require 
an alien applying for any benefit under this title to 
pay a reasonable fee that is commensurate with the 
cost of processing the application. 
(2) FEE WAIVER; INSTALLMENTS.— 
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(A) IN GENERAL.—The Secretary shall es-
tablish procedures to allow an alien to— 
(i) request a waiver of any fee that 
the Secretary may assess under this title if 
the alien demonstrates to the satisfaction 
of the Secretary that the alien is unable to 
pay the prescribed fee; or 
(ii) pay any fee or penalty that the 
Secretary may assess under this title in in-
stallments. 
(B) CLARIFICATION.—Nothing in this sec-
tion shall be read to prohibit an employer from 
paying any fee or penalty that the Secretary 
may assess under this title on behalf of an alien 
and the alien’s spouse or children. 
SEC. 123. BACKGROUND CHECKS. 
(a) SUBMISSION OF BIOMETRIC AND BIOGRAPHIC 
DATA.—The Secretary may not grant or extend certified 
agricultural worker or certified agricultural dependent sta-
tus under subtitle A, or grant adjustment of status to that 
of a lawful permanent resident under subtitle B, unless 
the alien submits biometric and biographic data, in accord-
ance with procedures established by the Secretary. The 
Secretary shall provide an alternative procedure for aliens 
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