(3) the entry, and preference, and visa issuance 
systems to be established; and 
(4) problems arising under the program estab-
lished; 
under section 220 of the Immigration and Nationality Act, 
as added by subsection (a). 
(d) IMMIGRATION AMENDMENTS PROHIBITING AD-
JUSTMENT
OF STATUS
OF SEASONAL AGRICULTURAL 
WORKERS.— 
(1) The first sentence of section 204(a)(1)(F) 
of the Immigration and Nationality Act (8 U.S.C. 
1154(a)(1)(F)) is amended by inserting before the 
period the following: ‘‘, except that no petition for a 
preference immigrant under section 203(b) may be 
filed respecting an alien who is a nonimmigrant de-
scribed in section 101(a)(15)(W)’’. 
(2) Section 237(a)(1)(C) of such Act (8 U.S.C. 
1227(a)(1)(C)) is amended by adding at the end the 
following new clause: 
‘‘(iii) 
SEASONAL
AGRICULTURAL 
WORKERS.—An alien who is admitted as a 
nonimmigrant 
under 
section 
101(a)(15)(W) who fails to be continuously 
employed or actively seeking employment 
in agricultural labor or services in accord-
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rwilkins on PROD1PC63 with BILLS
ance with the usual customary employment 
patterns and practices is deportable.’’. 
(3) PROHIBITION OF ADJUSTMENT OR CHANGE 
OF STATUS.— 
(A) 
IMMIGRANT
STATUS.—Section 
245(b)(5) of such Act (8 U.S.C. 1255(b)(5)) is 
amended 
by 
inserting 
‘‘or 
section 
101(a)(15)(W)’’ after ‘‘section 101(a)(15)(S)’’. 
(B) 
NONIMMIGRANT
STATUS.—Section 
248(1) of such Act (8 U.S.C. 1258(1)) is 
amended by striking ‘‘or (S)’’ and inserting 
‘‘(S), or (W)’’. 
(4) PROHIBITION OF COUNTING OF PERIOD OF 
TIME AS A SEASONAL AGRICULTURAL WORKER FOR 
PURPOSES OF CANCELLATION OF REMOVAL.—Sec-
tion 240A(d) of such Act (8 U.S.C. 1229b(d)) is 
amended by adding at the end the following new 
paragraph: 
‘‘(4) TREATMENT OF SEASONAL AGRICULTURAL 
WORKERS.—No period of time in which an alien is 
residing or present in the United States as a sea-
sonal 
agricultural 
worker 
under 
section 
101(a)(15)(W) shall be taken into account for pur-
poses of this section.’’. 
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SEC. 6. LAWFUL STATUS FOR CERTAIN LONG-TERM RESI-
DENT ALIENS. 
(a) IN GENERAL.—Chapter 5 of title II of the Immi-
gration and Nationality Act is amended by inserting after 
section 245A the following new section: 
‘‘LAWFUL STATUS FOR CERTAIN LONG-TERM RESIDENT 
ALIENS 
‘‘SEC. 245B. (a) LAWFUL STATUS.—The Secretary 
of Homeland Security shall adjust the status of an alien 
to that of an alien lawfully admitted to the United States 
if the alien meets the following requirements: 
‘‘(1) TIMELY APPLICATION.— 
‘‘(A) DURING APPLICATION PERIOD.—Ex-
cept as provided in subparagraph (B), the alien 
must apply for such adjustment during the 12- 
month period beginning on a date (not later 
than 180 days after the date of enactment of 
this section) designated by the Secretary. 
‘‘(B) APPLICATION
WITHIN
DAYS
OF 
NOTICE TO APPEAR.—An alien who, at any time 
during the first 11 months of the 12-month pe-
riod described in subparagraph (A), is the sub-
ject of a notice to appear issued under section 
239, must make application under this section 
not later than the end of the 30-day period be-
ginning either on the first day of such 12- 
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month period or on the date of the issuance of 
such notice, whichever day is later. 
‘‘(C) INFORMATION INCLUDED IN APPLICA-
TION.—Each application under this subsection 
shall contain such information as the Secretary 
of Homeland Security may require. 
‘‘(2) 
CONTINUOUS
UNLAWFUL
RESIDENCE 
SINCE JANUARY 1, 2002.— 
‘‘(A) IN GENERAL.—The alien must estab-
lish that the alien entered the United States be-
fore January 1, 2002, and that he has resided 
continuously in the United States in an unlaw-
ful status since such date and through the date 
the application is filed under this subsection. 
‘‘(B) NONIMMIGRANTS.—In the case of an 
alien who entered the United States as a non-
immigrant before January 1, 2002, the alien 
must establish that the alien’s period of author-
ized stay as a nonimmigrant expired before 
such date through the passage of time or the 
alien’s unlawful status was known to the Gov-
ernment as of such date. 
‘‘(C) EXCHANGE
VISITORS.—If the alien 
was at any time a nonimmigrant exchange alien 
(as defined in section 101(a)(15)(J)), the alien 
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must establish that the alien was not subject to 
the two-year foreign residence requirement of 
section 212(e) or has fulfilled that requirement 
or received a waiver thereof. 
‘‘(3) CONTINUOUS PHYSICAL PRESENCE SINCE 
ENACTMENT.— 
‘‘(A) IN GENERAL.—The alien must estab-
lish that the alien has been continuously phys-
ically present in the United States since the 
date of the enactment of this section. 
‘‘(B) TREATMENT OF BRIEF, CASUAL, AND 
INNOCENT ABSENCES.—An alien shall not be 
considered to have failed to maintained contin-
uous physical presence in the United States for 
purposes of subparagraph (A) by virtue of brief, 
casual, and innocent absences from the United 
States. 
‘‘(C) ADMISSIONS.—Nothing in this section 
shall be construed as authorizing an alien to 
apply for admission to, or to be admitted to, the 
United States in order to apply for adjustment 
of status under this subsection. 
‘‘(4) ADMISSIBLE
AS
IMMIGRANT.—The alien 
must establish that the alien— 
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