I
106TH CONGRESS
2D SESSION
H. R. 4056
To establish a system of registries of temporary agricultural workers to
provide for a sufficient supply of such workers and to amend the Immi-
gration and Nationality Act to streamline procedures for the admission
and extension of stay of nonimmigrant agricultural workers, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 22, 2000
Mr. BISHOP introduced the following bill; which was referred to the Committee
on the Judiciary, and in addition to the Committee on Education and the
Workforce, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned
A BILL
To establish a system of registries of temporary agricultural
workers to provide for a sufficient supply of such workers
and to amend the Immigration and Nationality Act to
streamline procedures for the admission and extension
of stay of nonimmigrant agricultural workers, and for
other purposes.
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
‘‘Agricultural Job Opportunity Benefits and Security Act
of 2000’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I—ADJUSTMENT TO LEGAL STATUS
Sec. 101. Agricultural workers.
TITLE II—AGRICULTURAL WORKER REGISTRIES
Sec. 201. Agricultural worker registries.
TITLE III—H–2A REFORM
Sec. 301. Employer applications and assurances.
Sec. 302. Search of registry.
Sec. 303. Issuance of visas and admission of aliens.
Sec. 304. Employment requirements.
Sec. 305. Program for the admission of temporary H–2A workers.
TITLE IV—MISCELLANEOUS PROVISIONS
Sec. 401. Enhanced worker protections and labor standards enforcement.
Sec. 402. Bilateral commissions.
Sec. 403. Regulations.
Sec. 404. Determination and use of user fees.
Sec. 405. Funding for startup costs.
Sec. 406. Report to Congress.
Sec. 407. Effective date.
SEC. 2. DEFINITIONS.
In this Act:
(1) ADVERSE EFFECT WAGE RATE.—
(A) IN GENERAL.—Except as provided in
subparagraph (B), the term ‘‘adverse effect
wage rate’’ means the rate of pay for an agri-
cultural occupation that is 5 percent above the
prevailing rate of pay for that agricultural occu-
pation in an area of intended employment, if
the prevailing rate of pay for the occupation is
less than the prior year’s average hourly earn-
ings of field and livestock workers for the State
(or region that includes the State), as deter-
mined by the Secretary of Agriculture, provided
no adverse effect wage rate shall be more than
the prior year’s average hourly earnings of field
and livestock workers for the State (or region
that includes the State), as determined by the
Secretary of Agriculture.
(B) EXCEPTION.—If the prevailing rate of
pay for an activity is a piece rate, task rate or
group rate, and the average hourly earnings of
an employer’s workers employed in that activ-
ity, taken as a group, are less than the prior
year’s average hourly earnings of field and live-
stock workers in the State (or region that in-
cludes the State), as determined by the Sec-
retary of Agriculture, the term ‘‘adverse effect
wage rate’’ means the prevailing piece rate,
task rate or group rate for the activity plus
such an amount as is necessary to increase the
average hourly earnings of the employer’s work-
ers employed in the activity, taken as a group,
by 5 percent, or to the prior year’s average
hourly earnings for field and livestock workers
for the State (or region that includes the State)
determined by the Secretary of Agriculture,
whichever is less.
(2) AGRICULTURAL
EMPLOYMENT.—The term
‘‘agricultural employment’’ means any service or ac-
tivity that is considered to be agriculture under sec-
tion 3(f) of the Fair Labor Standards Act of 1938
(29 U.S.C. 203(f)) or as agricultural labor under
section 3121(g) of the Internal Revenue Code of
1986. For purposes of this paragraph, agricultural
employment in the United States includes, but is not
limited 
to, 
employment 
under 
section
101(a)(15)(H)(ii)(a) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)).
(3) ELIGIBLE.—The term ‘‘eligible’’ as used
with respect to workers or individuals, means indi-
viduals authorized to be employed in the United
States as provided for in section 274A(h)(3) of the
Immigration and Nationality Act (8 U.S.C. 1188).
(4) EMPLOYER.—The term ‘‘employer’’ means
any person or entity, including any farm labor con-
tractor and any agricultural association, that em-
ploys workers.
(5) H–2A EMPLOYER.—The term ‘‘H–2A em-
ployer’’ means an employer who seeks to hire one or
more nonimmigrant aliens described in section
101(a)(15)(H)(ii)(a) of the Immigration and Nation-
ality Act.
(6) H–2A WORKER.—The term ‘‘H–2A worker’’
means 
a 
nonimmigrant 
described 
in 
section
101(a)(15)(H)(ii)(a) of the Immigration and Nation-
ality Act.
(7) JOB OPPORTUNITY.—The term ‘‘job oppor-
tunity’’ means a specific period of employment pro-
vided by an employer to a worker in one or more ag-
ricultural activities.
(8) PREVAILING WAGE.—The term ‘‘prevailing
wage’’ means with respect to an agricultural activity
in an area of intended employment, the rate of
wages that includes the 51st percentile of employees
in that agricultural activity in the area of intended
employment, expressed in terms of the prevailing
method of pay for the agricultural activity in the
area of intended employment.
(9) REGISTERED
WORKER.—The term ‘‘reg-
istered worker’’ means an individual whose name ap-
pears in a registry.
(10) REGISTRY.—The term ‘‘registry’’ means
an agricultural worker registry established under
section 201(a).
(11) 
SECRETARY.—The 
term 
‘‘Secretary’’
means the Secretary of Labor.
(12) UNITED
STATES
WORKER.—The term
‘‘United States worker’’ means any worker, whether
a United States citizen or national, a lawfully admit-
ted permanent resident alien, or any other alien who
is authorized to work in the job opportunity within
the United States other than an alien admitted pur-
suant to section 101(a)(15)(H)(ii)(a) or section 218
of the Immigration and Nationality Act, as in effect
on the effective date of this Act, or a nonimmigrant
agricultural worker whose status was adjusted under
section 101(a).
(13) WORK DAY.—The term ‘‘work day’’ means
any day in which the individual is employed one or
more hours in agriculture.
TITLE I—ADJUSTMENT TO
LEGAL STATUS
SEC. 101. AGRICULTURAL WORKERS.
(a) NONIMMIGRANT STATUS.—
(1) IN GENERAL.—The Attorney General shall
adjust the status of an alien agricultural worker who
qualifies under this subsection to that of an alien
lawfully admitted for nonimmigrant status under
section 101(a)(15) of the Immigration and Nation-
ality Act if the Attorney General determines that the
following requirements are satisfied with respect to
the alien:
(A) PERFORMANCE OF AGRICULTURAL EM-
PLOYMENT IN THE UNITED STATES.—The alien
must establish that the alien has performed ag-
ricultural employment in the United States for
at least 880 hours or 150 work days, whichever
is lesser, during the 12-month period prior to
March 31, 2000.
(B) APPLICATION
PERIOD.—The alien
must apply for such adjustment not later than
12 months after the effective date of this Act.
(C) ADMISSIBILITY.—
(i) IN GENERAL.—The alien must es-
tablish that the alien is otherwise admis-
sible to the United States under section
212 of the Immigration and Nationality
Act, except as otherwise provided under
subsection (d).
(ii) WAIVER
OF
INELIGIBILITY
FOR
UNLAWFUL PRESENCE.—An alien who has
not previously been admitted to the United
States pursuant to this section, and who is
otherwise eligible for admission in accord-
ance with clause (i), shall not be deemed
inadmissible 
by 
virtue 
of 
section
212(a)(9)(B) of that Act.
(2) PERIOD OF VALIDITY OF NONIMMIGRANT
STATUS.—
(A) IN GENERAL.—The status granted in
paragraph (1) shall be valid for a period of not
to exceed 7 consecutive calendar years, except
that the alien may not be present in the United
States for more than an aggregate of 300 days
in any calendar year.
(B) EXCEPTION.—The 300-day-per-year
limitation in subparagraph (A) shall not apply
to any period of validity of the status of any
alien who—
(i) has established a permanent resi-
dence in the United States and has a
minor child who was born in the United
States prior to the date of enactment of
this Act who resides in the alien’s house-
hold; and
(ii) performs agricultural employment
for not less than 240 days in a calendar
year.
(3) AUTHORIZED TRAVEL.—During the period
an alien is in lawful nonimmigrant status granted
under this subsection, the alien has the right to trav-
el abroad (including commutation from a residence
abroad).
(4) AUTHORIZED
EMPLOYMENT.—During the
period an alien is in lawful nonimmigrant status
granted under this subsection, the alien shall be
granted authorization to engage in the performance
only of agricultural employment in the United States
and shall be provided an ‘‘employment authorized’’
endorsement or other appropriate work permit, only
for the performance of such employment. A non-
immigrant alien under this subsection may perform
agricultural employment anywhere in the United
States.
(A) QUALIFYING
YEARS.—The alien has
performed a minimum period of agricultural
employment in the United States in each of 5
calendar years during the period of validity of
the alien’s adjustment to nonimmigrant status
pursuant to subsection (a). Qualifying years
under this subparagraph may include non-
consecutive years.
(B) MINIMUM PERIODS OF AGRICULTURAL
EMPLOYMENT.—
(i) IN GENERAL.—Except as provided
in clause (ii), the minimum period of agri-
cultural employment in any calendar year
is 1,040 hours or 180 work days, which-
ever is lesser.
(ii) EXCEPTION.—An alien described
in subsection (a)(2)(B) who remains in the
United States for more than 300 days in
a calendar year may only be credited with
satisfaction of the minimum period of agri-
cultural employment requirement for that
year if the alien performed agricultural
employment in the United States for at
least 240 work days that year.
(C) APPLICATION PERIOD.—The alien ap-
plies for adjustment of status not later than 6
months after completing the fifth year of quali-
fying employment in the United States.
(2) GROUNDS FOR DENIAL OF ADJUSTMENT OF
STATUS.—The Attorney General may deny adjust-
ment to nonimmigrant status and provide for termi-
nation of the nonimmigrant status granted such
alien under subsection (a) if—
(A) the Attorney General finds by a pre-
ponderance of the evidence that the adjustment
to nonimmigrant status was the result of fraud
or willful misrepresentation as set out in section
212(a)(6)(C)(i), or
(B) the alien commits an act that (i)
makes the alien inadmissible to the United
States under section 212 of the Immigration
and Nationality Act, except as provided under
subsection (c)(2), or (ii) is convicted of a felony
or 3 or more misdemeanors committed in the
United States.
(3) TREATMENT OF ALIENS DEMONSTRATING
PRIMA FACIE CASE FOR ADJUSTMENT.—Any alien
who demonstrates a prima facie case of eligibility for
adjustment under this subsection in accordance with
regulations promulgated by the Attorney General,
shall be considered a temporary resident alien and,
pending adjudication of an application for perma-
nent resident status under this subsection—
(A) may remain in the United States and
shall be granted authorization to engage in any
employment in the United States; and
(B) shall become eligible for any assistance
or benefit to which a person granted lawful per-
manent resident status would be eligible on the
date of enactment of this Act.
(4) 
GROUNDS
FOR
REMOVAL.—Any 
non-
immigrant alien under subsection (a) who does not
apply for adjustment of status under this subsection
before the expiration of the application period de-
scribed in paragraph (1)(C) is deportable and may
be removed.
(5) NUMERICAL
LIMITATION.—In any fiscal
year not more than 20 percent of the number of
aliens obtaining nonimmigrant status under sub-
section (a) may be granted adjustment of status
under this subsection. In granting such adjustment,
aliens having the greater number of work hours shall
be accorded priority. Any temporary resident alien
under paragraph (3) who does not receive adjust-
ment of status under this subsection in a fiscal year
by reason of the limitation in this paragraph may
continue to work in any employment, and shall be
credited with any additional hours of agricultural
employment performed for purposes of being ac-
corded priority for adjustment of status.
(c) APPLICATIONS FOR ADJUSTMENT OF STATUS.—
(1) TO WHOM MAY BE MADE.—
(A) WITHIN
THE
UNITED
STATES.—The
Attorney General shall provide that—
(i) applications for adjustment of sta-
tus under subsection (a) may be filed—
(I) with the Attorney General; or
(II) with a qualified designated
entity (designated under paragraph
(2)), but only if the applicant consents
to the forwarding of the application to
the Attorney General; and
(ii) applications for adjustment of sta-
tus under subsection (b) shall be filed di-
rectly with the Attorney General.
(B) OUTSIDE THE UNITED STATES.—The
Attorney General, in cooperation with the Sec-
retary of State, shall provide a procedure
whereby an alien may apply for adjustment of
status under subsection (a) at an appropriate
consular office outside the United States. The
Attorney General shall prescribe regulations
setting forth procedures for notification of im-
migration officials by the alien before departing
the United States.
(C) TRAVEL
DOCUMENTATION.—The At-
torney General shall provide each alien whose
status is adjusted under this section with a
counterfeit-resistant document of authorization
to enter or reenter the United States.
(2) DESIGNATION OF ENTITIES TO RECEIVE AP-
PLICATIONS.—For purposes of receiving applications
under subsection (a), the Attorney General—
(A) shall designate qualified voluntary or-
ganizations and other qualified State, local,
community, farm labor organizations, and asso-
ciations of agricultural employers; and
(B) may designate such other persons as
the Attorney General determines are qualified
and have substantial experience, demonstrated
competence, and traditional long-term involve-
ment in the preparation and submittal of appli-
cations for adjustment of status under section
209 or 245 of the Immigration and Nationality
Act, Public Law 89–732, or Public Law 95–
145.
(3) PROOF OF ELIGIBILITY.—
(A) IN GENERAL.—An alien may establish
that the alien meets the requirement of sub-
section (a)(1)(A) through government employ-
ment records or records supplied by employers
or collective bargaining organizations. The At-
torney General shall establish special proce-
dures to properly credit work in cases in which
an alien was employed under an assumed name.
(B) DOCUMENTATION
OF
WORK
HIS-
TORY.—(i) An alien applying for adjustment of
status under subsection (a)(1) has the burden
of proving by a preponderance of the evidence
that the alien has worked the requisite number
of 
hours 
(as 
required 
under 
subsection
(a)(1)(A)).
(ii) If an employer or farm labor con-
tractor employing such an alien has kept proper
and adequate records respecting such employ-
ment, the alien’s burden of proof under clause
(i) may be met by securing timely production of
those records under regulations to be promul-
gated by the Attorney General.
(4) TREATMENT OF APPLICATIONS BY QUALI-
FIED DESIGNATED ENTITIES.—Each qualified des-
ignated entity must agree to forward to the Attorney
General applications filed with it in accordance with
paragraph (1)(A)(ii) but not to forward to the Attor-
ney General applications filed with it unless the ap-
plicant has consented to such forwarding. No such
entity may make a determination required by this
section to be made by the Attorney General. Upon
the request of the alien, a qualified designated entity
shall assist the alien in obtaining documentation of
the work history of the alien.
(5) LIMITATION
ON
ACCESS
TO
INFORMA-
TION.—Files and records prepared for purposes of
this section by qualified designated entities operating
under this section are confidential and the Attorney
General and the Service shall not have access to
such files or records relating to an alien without the
consent of the alien, except as allowed by a court
order issued pursuant to paragraph (6).
(6) CONFIDENTIALITY OF INFORMATION.—
(A) IN GENERAL.—Except as provided in
this paragraph, neither the Attorney General,
nor any other official or employee of the De-
partment of Justice, or bureau or agency there-
of, may—
(i) use the information furnished by
the applicant pursuant to an application
filed under this section, or the information
provided to the applicant by a person des-
ignated under paragraph (2)(B), for any
purpose other than to make a determina-
tion on the application, including a deter-
mination under subsection (b)(3), or for
enforcement of paragraph (7);
(ii) make any publication whereby the
information furnished by any particular in-
dividual can be identified; or
(iii) permit anyone other than the
sworn officers and employees of the De-
partment or bureau or agency or, with re-
spect to applications filed with a des-
ignated entity, that designated entity, to
examine individual applications.
(B) CRIME.—Whoever knowingly uses,
publishes, or permits information to be exam-
ined in violation of this paragraph shall be fined
not more than $10,000.
(7) PENALTIES FOR FALSE STATEMENTS IN AP-
PLICATIONS.—
(A) CRIMINAL PENALTY.—Whoever—
(i) files an application for adjustment
of status under this section and knowingly
and willfully falsifies, conceals, or covers
up a material fact or makes any false, fic-
titious, or fraudulent statements or rep-
resentations, or makes or uses any false
writing or document knowing the same to
contain any false, fictitious, or fraudulent
statement or entry, or
(ii) creates or supplies a false writing
or document for use in making such an ap-
plication,
shall be fined in accordance with title 18,
United States Code, or imprisoned not more
than five years, or both.
(B) EXCLUSION.—An alien who is con-
victed of a crime under subparagraph (A) shall
be considered to be inadmissible to the United
States on the ground described in section
212(a)(6)(C)(i) of the Immigration and Nation-
ality Act.
(d) WAIVER OF NUMERICAL LIMITATIONS AND CER-
TAIN GROUNDS FOR INADMISSIBILITY.—
(1) NUMERICAL LIMITATIONS DO NOT APPLY.—
The numerical limitations of sections 201 and 202
of the Immigration and Nationality Act shall not
apply to the adjustment of aliens to lawful perma-
nent resident status under this section.
(2) WAIVER OF CERTAIN GROUNDS OF INAD-
MISSIBILITY.—In the determination of an alien’s ad-
missibility under subsection (a)(1)(D), the following
provisions of section 212(a) of the Immigration and
Nationality Act shall not apply:
(A) GROUNDS OF EXCLUSION NOT APPLI-
CABLE.—The provisions of paragraphs (5) and
(7)(A) of section 212(a) shall not apply.
(B) WAIVER OF OTHER GROUNDS.—
(i) IN GENERAL.—Except as provided
in clause (ii), the Attorney General may
waive any other provision of section 212(a)
in the case of individual aliens for humani-
tarian purposes, to assure family unity, or
when it is otherwise in the public interest.
(ii) GROUNDS
THAT
MAY
NOT
BE
WAIVED.—The following provisions of sec-
tion 212(a) may not be waived by the At-
torney General under clause (i):
(I) Paragraph (2) (A) and (B)
(relating to criminals).
(II) Paragraph (4) (relating to
aliens 
likely 
to 
become 
public
charges).
(III) Paragraph (2)(C) (relating
to drug offenses), except for so much
of such paragraph as relates to a sin-
gle offense of simple possession of 30
grams or less of marijuana.
(IV) Paragraph (3) (relating to
security and related grounds), other
than subparagraph (E) thereof.
(C) SPECIAL RULE FOR DETERMINA-
TION OF PUBLIC CHARGE.—An alien is not
ineligible for adjustment of status under
this section due to being inadmissible
under section 212(a)(4) if the alien dem-
onstrates a history of employment in the
United States evidencing self-support with-
out reliance on public cash assistance.
(e) TEMPORARY STAY OF REMOVAL AND WORK AU-
THORIZATION FOR CERTAIN APPLICANTS.—
(1) BEFORE APPLICATION PERIOD.—The Attor-
ney General shall provide that in the case of an alien
who is apprehended before the beginning of the ap-
plication period described in subsection (a)(1) and
who can establish a nonfrivolous case of eligibility to
have his status adjusted under subsection (a) (but
for the fact that he may not apply for such adjust-
ment until the beginning of such period), until the
alien has had the opportunity during the first 30
days of the application period to complete the filing
of an application for adjustment, the alien—
(A) may not be removed, and
(B) shall be granted authorization to en-
gage in agricultural employment in the United
States and be provided an ‘‘employment author-
ized’’ endorsement or other appropriate work
permit for such purpose.
(2) DURING APPLICATION PERIOD.—The Attor-
ney General shall provide that in the case of an alien
who presents a nonfrivolous application for adjust-
ment of status under subsection (a) during the ap-
plication period, including an alien who files such an
application within 30 days of the alien’s apprehen-
sion, and until a final determination on the applica-
tion has been made in accordance with this section,
the alien—
(A) may not be removed, and
(B) shall be granted authorization to en-
gage in agricultural employment in the United
States and be provided an ‘‘employment author-
ized’’ endorsement or other appropriate work
permit for such purpose.
(3) PROHIBITION.—No application fees col-
lected by the Service pursuant to this subsection
may be used by the Service to offset the costs of the
agricultural worker adjustment program under this
title until the Service implements the program con-
sistent with the statutory mandate as follows:
(A) During the application period de-
scribed in subsection (a)(1)(A) the Service may
grant nonimmigrant admission to the United
States, work authorization, and provide an
‘‘employment authorized’’ endorsement or other
appropriate work permit to any alien who pre-
sents a preliminary application for adjustment
of status under subsection (a) at a designated
port of entry on the southern land border. An
alien who does not enter through a port of
entry is subject to deportation and removal as
otherwise provided in this Act.
(B) During the application period de-
scribed in subsection (a)(1)(A) any alien who
has filed an application for adjustment of status
within the United States as provided in sub-
section (b)(1)(A) is subject to paragraph (2) of
this subsection.
(C) A preliminary application is defined as
a fully completed and signed application with
fee and photographs which contains specific in-
formation concerning the performance of quali-
fying employment in the United States and the
documentary evidence which the applicant in-
tends to submit as proof of such employment.
The applicant must be otherwise admissible to
the United States and must establish to the
satisfaction of the examining officer during an
interview that his or her claim to eligibility for
agriculture worker status is credible.
(f) ADMINISTRATIVE AND JUDICIAL REVIEW.—
(1) ADMINISTRATIVE AND JUDICIAL REVIEW.—
There shall be no administrative or judicial review of
a determination respecting an application for adjust-