377 
(D) otherwise establishes, to the satisfac-
tion of the Secretary, that the alien is an active 
volunteer or community member; or 
(E) is exempt from these requirements, as 
described under subsection (e)(2) of section 
401; and 
(F) is self-sufficient or self-supporting, in-
cluding through the support of family, commu-
nity members, or others, as determined by the 
Secretary, such that the alien is not a public 
charge or at risk of becoming a public charge. 
(2) EVIDENCE OF EMPLOYMENT, EDUCATION, 
MILITARY SERVICE OR OTHER CONTRIBUTIONS.— 
(A) CONCLUSIVE
DOCUMENTS.—An alien 
may conclusively establish compliance with 
paragraph (1) by submitting records to the Sec-
retary that demonstrate such employment, edu-
cation, military service, or other contributions 
that have been maintained by the Social Secu-
rity Administration, the Internal Revenue Serv-
ice, the Armed Services or any other Federal, 
State, or local government agency or public or 
private educational institution. 
(B) OTHER DOCUMENTS.—An alien who is 
unable to submit a document described in sub-
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00377
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
378 
paragraph (A) may satisfy the requirement 
under paragraph (1) by submitting to the Sec-
retary at least 2 other types of reliable docu-
ments that provide evidence of contributions to 
the United States, including— 
(i) bank records; 
(ii) business records; 
(iii) employer records; 
(iv) records of a labor union, day 
labor center, or organization that assists 
workers in employment; 
(v) records of a registered charitable, 
voluntary or 501(c)(3) nonprofit organiza-
tion; 
(vi) sworn affidavits from nonrelatives 
who have direct knowledge of the alien’s 
contribution, that contain— 
(I) the name, address, and tele-
phone number of the affiant; 
(II) the nature and duration of 
the relationship between the affiant 
and the alien; and 
(III) other verification or infor-
mation; and 
(vii) remittance records. 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00378
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
379 
(C) ADDITIONAL
DOCUMENTS
AND
RE-
STRICTIONS.—The Secretary may— 
(i) designate additional documents to 
evidence employment, education, military 
service or and other contributions to the 
United States; and 
(ii) set such terms and conditions on 
the use of affidavits as is necessary to 
verify and confirm the identity of any affi-
ant or otherwise prevent fraudulent sub-
missions. 
(3) BURDEN OF PROOF.—An alien described in 
paragraph (1) who is applying for adjustment of sta-
tus under this section shall prove, by a preponder-
ance of the evidence, that the alien has satisfied the 
requirements of this subsection. An alien may meet 
such burden of proof by producing sufficient evi-
dence to demonstrate employment, education, mili-
tary service, or other contribution to the United 
States as a matter of reasonable inference. 
(e) BASIC CITIZENSHIP SKILLS.— 
(1) IN GENERAL.—Except as provided under 
paragraph (2), a conditional nonimmigrant or condi-
tional nonimmigrant dependent shall establish that 
he or she— 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00379
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
380 
(A) meets the requirements under section 
312 of the Immigration and Nationality Act (8 
U.S.C. 1423); 
(B) earned a high school diploma or ob-
tained a general education development certifi-
cate in the United States; or 
(C) is satisfactorily pursuing a course of 
study to achieve such an understanding of 
English and knowledge and understanding of 
the history and Government of the United 
States. 
(2) RELATION TO NATURALIZATION EXAMINA-
TION.—A conditional nonimmigrant or conditional 
nonimmigrant dependent who demonstrates that he 
or she meets the requirements under such section 
312 may be considered to have satisfied the require-
ments of that section for purposes of becoming natu-
ralized as a citizen of the United States under title 
III of the Immigration and Nationality Act (8 
U.S.C. 1401 et seq.). 
(3) EXCEPTIONS.— 
(A) MANDATORY.—Paragraph (1) shall 
not apply to any person who is unable to com-
ply with those requirements because of a phys-
ical or developmental disability or mental im-
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00380
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
381 
pairment (as described in section 312(b)(1) of 
the Immigration and Nationality Act (8 U.S.C. 
1423(b)(1))). 
(B) DISCRETIONARY.—The Secretary may 
waive all or part of paragraph (1) for a condi-
tional nonimmigrant who is at least 65 years of 
age on the date on which an application is filed 
for adjustment of status under this section. 
(f) APPLICATION PROCEDURE, FEES, AND FINES.— 
(1) COMPLIANCE WITH ALL REQUIREMENTS.— 
A conditional nonimmigrant or conditional non-
immigrant dependent seeking to adjust status to 
that of a lawful permanent resident shall submit to 
a full medical examination and all security and other 
law enforcement checks required of an applicant for 
adjustment under section 245 of the Immigration 
and Nationality Act. 
(2) APPLICATION
AND
FEE.—The Secretary 
shall promulgate regulations establishing procedures 
for submitting an application for adjustment of sta-
tus under this section. The Secretary shall impose a 
fee for filing an application for adjustment of status 
under this section which shall be sufficient to cover 
the administrative and other expenses incurred in 
connection with the review of such applications. 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00381
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
382 
(3) DEPOSIT OF FEES.—Fees collected under 
this paragraph shall be deposited into the Immigra-
tion Examination Fee Account and shall remain 
available as provided under subsections (m) and (n) 
of section 286 of the Immigration and Nationality 
Act (8 U.S.C. 1356). 
(g) TREATMENT OF CONDITIONAL NONIMMIGRANT 
DEPENDENTS.— 
(1) 
ADJUSTMENT
OF
STATUS.—Notwith-
standing any other provision of law, the Secretary 
may— 
(A) adjust the status of a conditional non-
immigrant dependent to that of a person admit-
ted for lawful permanent residence if the prin-
cipal conditional nonimmigrant spouse or par-
ent has been found eligible for adjustment of 
status under this section, provided that the de-
pendent complies with subparagraphs (A), (B), 
and (E), where applicable, of subsection (a)(2) 
and completes the application requirements de-
scribed in subsection (f); 
(B) adjust the status of a conditional non-
immigrant dependent who was the spouse or 
child of an alien who was classified as a condi-
tional nonimmigrant, or was eligible for such 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00382
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
383 
classification under section 401, to that of a 
person admitted for permanent residence if— 
(i) the termination of the relationship 
with such spouse or parent was connected 
to domestic violence; and 
(ii) the spouse or child has been bat-
tered or subjected to extreme cruelty by 
the spouse or parent; provided that the de-
pendent complies with subparagraphs (A), 
(B), and (E), where applicable, of sub-
section (a)(2) and completes the applica-
tion requirements described in subsection 
(g). 
(2) APPLICATION
OF
OTHER
LAW.—In proc-
essing applications under this subsection on behalf 
of aliens who have been battered or subjected to ex-
treme cruelty, the Secretary shall apply— 
(A) 
the 
provisions 
under 
section 
204(a)(1)(J) of the Immigration and Nation-
ality Act (8 U.S.C. 1154(a)(1)(J)); and 
(B) the protections, prohibitions, and pen-
alties under section 384 of the Illegal Immigra-
tion Reform and Immigrant Responsibility Act 
of 1996 (8 U.S.C. 1367). 
(h) BACK OF THE LINE.— 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00383
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
384 
(1) IN GENERAL.—An alien may not adjust sta-
tus to that of a lawful permanent resident status 
under this Act until that earlier of— 
(A) 30 days after an immigrant visa be-
comes available for petitions filed under section 
201, 202, or 203 of the Immigration and Na-
tionality Act (8 U.S.C. 1151, 1152, and 1153), 
which were filed before the date of enactment of 
this Act; or 
(B) 6 years after the date of the enact-
ment of this Act. 
(2) SPECIAL
RULE
FOR
CONDITIONAL
IMMI-
GRANTS QUALIFYING UNDER SUBSECTION (e)(2)(D) 
OF SECTION 401.—An alien who qualifies as a condi-
tional nonimmigrant as described in subsection 
(e)(2)(D) of section 401 shall be eligible to apply for 
adjustment of status immediately upon the comple-
tion of one of the following: 
(A) The alien has acquired a degree from 
an institution of higher education in the United 
States or has completed at least 2 years, in 
good standing, in a program for a bachelor’s 
degree or higher degree in the United States. 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00384
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
385 
(B) The alien has served in the uniformed 
services for at least 2 years and, if discharged, 
has received an honorable discharge. 
(C) The alien has been employed full-time, 
part-time, or seasonally for at least 2 years 
prior to date of application. 
(3) NATURALIZATION.—For purposes of natu-
ralization only, aliens who adjust their status to that 
of a lawful permanent resident under the special rule 
described in paragraph (2) shall be eligible to apply 
for naturalization 3 years after the date on which 
adjustment of status is granted. 
(i) INELIGIBILITY FOR PUBLIC BENEFITS.—For pur-
poses of section 403 of the Personal Responsibility and 
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 
1613), an alien whose status has been adjusted under this 
section shall not be eligible for any Federal means-tested 
public benefit unless the alien meets the alien eligibility 
criteria for such benefit under title IV of such Act (8 
U.S.C. 1601 et seq.). 
SEC. 403. ADMINISTRATIVE AND JUDICIAL REVIEW. 
(a) ADMINISTRATIVE REVIEW.— 
(1) SINGLE LEVEL OF ADMINISTRATIVE APPEL-
LATE REVIEW.—The Secretary of Homeland Secu-
rity shall establish an independent appellate author-
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00385
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
386 
ity within the Bureau of Citizenship and Immigra-
tion Services to provide for a single level of adminis-
trative appellate review of a determination respect-
ing an application for classification or adjustment of 
status under this subtitle. 
(2) STANDARD
FOR
REVIEW.—Administrative 
appellate review referred to in paragraph (1) shall be 
based solely upon the administrative record estab-
lished at the time of the determination on the appli-
cation and upon the presentation of additional or 
newly discovered evidence during the time of the 
pending appeal or subsequently on motion to reopen. 
(b) JUDICIAL REVIEW.— 
(1) DIRECT REVIEW.—A person whose applica-
tion for classification or adjustment of status under 
this subtitle is denied after administrative appellate 
review under subsection (a) may seek review of such 
denial, in accordance with chapter 7 of title 5, 
United States Code, before the United States dis-
trict court for the district in which the person re-
sides. 
(2) REVIEW AFTER REMOVAL PROCEEDINGS.— 
There shall be judicial review in the Federal courts 
of appeal of the denial of an application for classi-
fication or adjustment of status under this subtitle 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00386
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
387 
in conjunction with judicial review of an order of re-
moval, deportation, or exclusion. 
(3) STANDARD FOR JUDICIAL REVIEW.—Judi-
cial review of a denial of an application under this 
subtitle shall be based upon the administrative 
record established at the time of the review, but the 
court may remand the case to the agency for consid-
eration of additional evidence where the court finds 
that the evidence is material and there were reason-
able grounds for failure to adduce the evidence be-
fore the agency. Notwithstanding any other provi-
sion of law, judicial review of all questions arising 
from a denial of an application under this subtitle 
shall be governed by the standard of review set forth 
in chapter 7 of title 5, United States Code. 
(4) REMEDIAL POWERS.—Notwithstanding any 
other provision of law, the district courts of the 
United States shall have jurisdiction over any cause 
or claim arising from a pattern or practice of the 
Secretary of Homeland Security in the operation or 
implementation of this subtitle that is arbitrary, ca-
pricious, or otherwise contrary to law, and may 
order any appropriate relief. The district courts may 
order any appropriate relief in accordance with the 
preceding sentence without regard to exhaustion, 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00387
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
388 
ripeness, or other standing requirements (other than 
constitutionally mandated requirements), if the court 
determines that resolution of such cause or claim 
will serve judicial and administrative efficiency or 
that a remedy would otherwise not be reasonably 
available or practicable. 
(c) STAY OF REMOVAL.—Aliens seeking administra-
tive or judicial review under this section shall not be re-
moved from the United States until a final decision is ren-
dered establishing ineligibility under this subtitle. 
SEC. 404. MANDATORY DISCLOSURE OF INFORMATION. 
(a) MANDATORY DISCLOSURE.—The Secretary and 
the Secretary of State shall provide a duly recognized law 
enforcement entity that submits a written request with the 
information furnished pursuant to an application filed 
under this subtitle, and any other information derived 
from such furnished information, in connection with a 
criminal investigation or prosecution, or a national secu-
rity investigation or prosecution, of an individual suspect 
or group of suspects. 
(b) LIMITATIONS.—Except as otherwise provided 
under this section, no Federal agency, or any officer, em-
ployee, or agent of such agency, may— 
(1) use the information furnished by the appli-
cant pursuant to an application for benefits under 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00388
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
389 
this subtitle for any purpose other than to make a 
determination on the application; 
(2) make any publication through which the in-
formation furnished by any particular applicant can 
be identified; or 
(3) permit anyone other than the sworn officers 
and employees of such agency to examine individual 
applications. 
(c) CONSTRUCTION.—Nothing under subsection (b) 
shall prevent an alien or an alien’s attorney access to his 
or her application, case file, or information related to such 
application or adjudication thereof. 
(d) CRIMINAL PENALTY.—Any person who knowingly 
uses, publishes, or permits information to be examined in 
violation of this section shall be fined not more than 
$10,000. 
SEC. 405. PENALTIES FOR FALSE STATEMENTS IN APPLICA-
TIONS. 
(a) CRIMINAL PENALTY.— 
(1) VIOLATION.—It shall be unlawful for any 
person— 
(A) to file, or assist in filing, an applica-
tion for benefits under this subtitle; and 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00389
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
390 
(i) to knowingly and willfully falsify, 
misrepresent, conceal, or cover up a mate-
rial fact; 
(ii) to make any false, fictitious, or 
fraudulent statements or representations; 
or 
(iii) to make or use any false writing 
or document knowing the same to contain 
any false, fictitious, or fraudulent state-
ment or entry; or 
(B) to create or supply a false writing or 
document for use in making such an applica-
tion. 
(2) PENALTY.—Any person who violates para-
graph (1) shall be fined in accordance with title 18, 
United States Code, imprisoned not more than 5 
years, or both. 
(b) INADMISSIBILITY.—An alien who is convicted of 
violating subsection (a) shall be considered to be inadmis-
sible to the United States on the ground described in sec-
tion 212(a)(6)(C)(i) of the Immigration and Nationality 
Act (8 U.S.C. 1182(a)(6)(C)(i)). 
(c) EXCEPTION.—Notwithstanding subsections (a) 
and (b), any alien or other entity (including an employer 
or union) that submits an employment record that con-
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00390
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
391 
tains incorrect data used by the alien to obtain such em-
ployment, shall not, on that ground, be determined to have 
violated this section. 
SEC. 406. ALIENS NOT SUBJECT TO DIRECT NUMERICAL 
LIMITATIONS. 
Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended 
by title III, is further amended— 
(1) in subparagraph (A), by striking ‘‘subpara-
graph (A) or (B) of’’; and 
(2) by adding at the end the following: 
‘‘(N) Aliens whose status is adjusted from 
that of a conditional nonimmigrant or condi-
tional nonimmigrant dependent.’’. 
SEC. 407. EMPLOYER PROTECTIONS. 
(a) IMMIGRATION STATUS OF ALIEN.—Employers of 
aliens applying for conditional nonimmigrant or condi-
tional nonimmigrant dependent classification or adjust-
ment of status under section 401 or 402 shall not be sub-
ject to civil and criminal tax liability relating directly to 
the employment of such alien before receiving employment 
authorization under this subtitle. 
(b) PROVISION OF EMPLOYMENT RECORDS.—Em-
ployers that provide unauthorized aliens with copies of em-
ployment records or other evidence of employment pursu-
ant to an application for conditional nonimmigrant or con-
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00391
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
392 
ditional nonimmigrant dependent classification or adjust-
ment of status under section 401 or 402 or any other ap-
plication or petition pursuant to any other immigration 
law, shall not be subject to civil and criminal liability 
under section 274A of the Immigration and Nationality 
Act (8 U.S.C. 1324a) for employing such unauthorized 
aliens. 
(c) APPLICABILITY OF OTHER LAW.—Nothing in this 
section may be used to shield an employer from liability 
under section 274B of the Immigration and Nationality 
Act (8 U.S.C. 1324b) or any other labor or employment 
law. 
SEC. 408. LIMITATIONS ON ELIGIBILITY. 
(a) IN GENERAL.—An alien is not ineligible for any 
immigration benefit under any provision of this subtitle, 
or any amendment made by this subtitle, solely on the 
basis that the alien violated section 1543, 1544, or 1546 
of title 18, United States Code, or any amendment made 
by this Act, during the period beginning on the date of 
the enactment of this Act and ending on the date on which 
the alien applies for any benefits under this subtitle. 
(b) PROSECUTION.—An alien who violates section 
1543, 1544, or 1546 of such title, or any amendment 
made by this Act, during the period beginning on the date 
of the enactment of this Act and ending on the date that 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00392
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
393 
the alien applies for eligibility for such benefit may be 
prosecuted for the violation if the alien’s application for 
such benefit is denied. 
SEC. 409. RULEMAKING. 
The Secretary shall promulgate regulations regarding 
the timely filing and processing of applications for benefits 
under this subtitle. 
SEC. 410. CORRECTION OF SOCIAL SECURITY RECORDS. 
(a) IN GENERAL.—Section 208(e)(1) of the Social 
Security Act (42 U.S.C. 408(e)(1)) is amended— 
(1) in subparagraph (B)(ii), by striking ‘‘or’’ at 
the end; 
(2) in subparagraph (C), by inserting ‘‘or’’ at 
the end; 
(3) by inserting after subparagraph (C) the fol-
lowing: 
‘‘(D) who is granted an adjustment of im-
migration status pursuant to the CIR ASAP 
Act of 2013 or an amendment made by that 
Act,’’; and 
(4) by striking ‘‘1990.’’ and inserting ‘‘1990, or 
in the case of an alien described in subparagraph 
(D), if such conduct is alleged to have occurred be-
fore the date on which the alien was granted an ad-
justment of status described in such subparagraph.’’. 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00393
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
394 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the first day of the sev-
enth month that begins after the date of the enactment 
of this Act. 
SEC. 411. RESTORATION OF STATE OPTION TO DETERMINE 
RESIDENCY FOR PURPOSES OF HIGHER EDU-
CATION BENEFITS. 
(a) IN GENERAL.—Section 505 of the Illegal Immi-
gration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1623) is repealed. 
(b) EFFECTIVE DATE.—The repeal under subsection 
(a) shall take effect as if included in the enactment of the 
Illegal Immigration Reform and Immigrant Responsibility 
Act of 1996 (division C of Public Law 104–208; 110 Stat. 
3009–546). 
SEC. 412. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There are authorized to be appro-
priated to the Secretary such sums as may be necessary 
to carry out this subtitle and the amendments made by 
this subtitle. 
(b) AVAILABILITY OF FUNDS.—Funds appropriated 
pursuant to subsection (a) shall remain available until ex-
pended. 
(c) SENSE OF CONGRESS.—It is the sense of Con-
gress that funds authorized to be appropriated under sub-
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00394
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
395 
section (a) should be directly appropriated so as to facili-
tate the orderly and timely commencement of the proc-
essing of applications filed under sections 401 and 402. 
Subtitle B—Agricultural Job Op-
portunities, Benefits, and Secu-
rity 
CHAPTER 1—TITLE AND DEFINITIONS 
SEC. 421. SHORT TITLE. 
This subtitle may be cited as the ‘‘Agricultural Job 
Opportunities, Benefits, and Security Act of 2013’’ or the 
‘‘AgJOBS Act of 2013’’. 
SEC. 422. DEFINITIONS. 
In this Act: 
(1) AGRICULTURAL
EMPLOYMENT.—The term 
‘‘agricultural employment’’ means any service or ac-
tivity that is considered to be agricultural under sec-
tion 3(f) of the Fair Labor Standards Act of 1938 
(29 U.S.C. 203(f)) or agricultural labor under sec-
tion 3121(g) of the Internal Revenue Code of 1986 
or the performance of agricultural labor or services 
described in section 101(a)(15)(H)(ii)(a) of the Im-
migration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(H)(ii)(a)). 
(2) BLUE CARD STATUS.—The term ‘‘blue card 
status’’ means the status of an alien who has been 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00395
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
396 
lawfully admitted into the United States for tem-
porary residence under section 101(a). 
(3) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Homeland Security. 
(4) EMPLOYER.—The term ‘‘employer’’ means 
any person or entity, including any farm labor con-
tractor and any agricultural association, that em-
ploys workers in agricultural employment. 
(5) SECRETARY.—Except as otherwise provided, 
the term ‘‘Secretary’’ means the Secretary of Home-
land Security. 
(6) WORK DAY.—The term ‘‘work day’’ means 
any day in which the individual is employed 5.75 or 
more hours in agricultural employment. 
CHAPTER 
2—PILOT 
PROGRAM 
FOR 
EARNED STATUS ADJUSTMENT OF AG-
RICULTURAL WORKERS 
Subchapter A—Blue Card Status 
SEC. 431. REQUIREMENTS FOR BLUE CARD STATUS. 
(a) REQUIREMENT TO GRANT BLUE CARD STA-
TUS.—Notwithstanding any other provision of law, the 
Secretary shall, pursuant to the requirements of this sec-
tion, grant blue card status to an alien who qualifies under 
this section if the Secretary determines that the alien— 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00396
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
397 
(1) during the 24-month period ending on De-
cember 31, 2013— 
(A) performed agricultural employment in 
the United States for at least 863 hours or 150 
work days; or 
(B) earned at least $7,500 from agricul-
tural employment in the United States; 
(2) applied for such status during the 18-month 
application period beginning on the first day of the 
seventh month that begins after the date of enact-
ment of this Act; 
(3) is otherwise admissible to the United States 
under section 212 of the Immigration and Nation-
ality Act (8 U.S.C. 1182), except as otherwise pro-
vided under section 105(b); and 
(4) has not been convicted of any felony or a 
misdemeanor, an element of which involves bodily in-
jury, threat of serious bodily injury, or harm to 
property in excess of $500. 
(b) AUTHORIZED TRAVEL.—An alien who is granted 
blue card status is authorized to travel outside the United 
States (including commuting to the United States from 
a residence in a foreign country) in the same manner as 
an alien lawfully admitted for permanent residence. 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00397
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
398 
(c) AUTHORIZED
EMPLOYMENT.—The Secretary 
shall provide an alien who is granted blue card status an 
employment authorized endorsement or other appropriate 
work permit, in the same manner as an alien lawfully ad-
mitted for permanent residence. 
(d) TERMINATION OF BLUE CARD STATUS.— 
(1) DEPORTABLE ALIENS.—The Secretary shall 
terminate blue card status granted to an alien if the 
Secretary determines that the alien is deportable. 
(2) OTHER GROUNDS FOR TERMINATION.—The 
Secretary shall terminate blue card status granted to 
an alien if— 
(A) the Secretary finds, by a preponder-
ance of the evidence, that the adjustment to 
blue card status was the result of fraud or will-
ful misrepresentation, as described in section 
212(a)(6)(C)(i) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(a)(6)(C)(i)); or 
(B) the alien— 
(i) commits an act that makes the 
alien inadmissible to the United States 
under section 212 of the Immigration and 
Nationality Act (8 U.S.C. 1182), except as 
provided under section 105(b); 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00398
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
399 
(ii) is convicted of a felony or 3 or 
more misdemeanors committed in the 
United States; 
(iii) is convicted of an offense, an ele-
ment of which involves bodily injury, threat 
of serious bodily injury, or harm to prop-
erty in excess of $500; or 
(iv) fails to perform the agricultural 
employment required under paragraph 
(1)(A) of section 103(a) unless the alien 
was unable to work in agricultural employ-
ment 
due 
to 
the 
extraordinary 
cir-
cumstances described in paragraph (3) of 
such section. 
(e) RECORD OF EMPLOYMENT.— 
(1) IN GENERAL.—Each employer of an alien 
granted blue card status shall annually— 
(A) provide a written record of employ-
ment to the alien; and 
(B) provide a copy of such record to the 
Secretary. 
(2) CIVIL PENALTIES.— 
(A) IN GENERAL.—If the Secretary finds, 
after notice and opportunity for a hearing, that 
an employer of an alien granted blue card sta-
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00399
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
400 
tus has failed to provide the record of employ-
ment required under paragraph (1) or has pro-
vided 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 $1,000 per 
violation. 
(B) LIMITATION.—The penalty applicable 
under subparagraph (A) for failure to provide 
records shall not apply unless the alien has pro-
vided the employer with evidence of employment 
authorization granted under this section. 
(3) SUNSET.—The obligation under paragraph 
(1) shall terminate on the date that is 6 years after 
the date of the enactment of this Act. 
(f) REQUIRED FEATURES OF IDENTITY CARD.—The 
Secretary shall provide each alien granted blue card sta-
tus, and the spouse and any child of each such alien resid-
ing in the United States, with a card that contains— 
(1) an encrypted, machine-readable, electronic 
identification strip that is unique to the alien to 
whom the card is issued; 
(2) biometric identifiers, including fingerprints 
and a digital photograph; and 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00400
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
401 
(3) physical security features designed to pre-
vent tampering, counterfeiting, or duplication of the 
card for fraudulent purposes. 
(g) FINE.—An alien granted blue card status shall 
pay a fine of $100 to the Secretary. 
(h) MAXIMUM NUMBER.—The Secretary may not 
issue more than 1,350,000 blue cards during the 5-year 
period beginning on the date of the enactment of this Act. 
SEC. 432. TREATMENT OF ALIENS GRANTED BLUE CARD 
STATUS. 
(a) IN GENERAL.—Except as otherwise provided 
under this section, an alien granted blue card status (in-
cluding a spouse or child of the alien granted derivative 
status) shall be considered to be an alien lawfully admitted 
for permanent residence for purposes of any law other 
than any provision of the Immigration and Nationality Act 
(8 U.S.C. 1101 et seq.). 
(b) DELAYED ELIGIBILITY FOR CERTAIN FEDERAL 
PUBLIC BENEFITS.—Except as otherwise provided in law, 
an alien granted blue card status shall not be eligible, by 
reason of such status, for any form of assistance or benefit 
described in section 403(a) of the Personal Responsibility 
and Work Opportunity Reconciliation Act of 1996 (8 
U.S.C. 1613(a)) until 5 years after the date on which the 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00401
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
402 
alien is granted an adjustment of status under section 
103. 
SEC. 433. ADJUSTMENT TO PERMANENT RESIDENCE. 
(a) IN GENERAL.—Except as provided in subsection 
(b), the Secretary shall adjust the status of an alien grant-
ed blue card status to that of an alien lawfully admitted 
for permanent residence if the Secretary determines that 
the following requirements are satisfied: 
(1) QUALIFYING EMPLOYMENT.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), the alien has performed at least— 
(i) 5 years of agricultural employment 
in the United States for at least 100 work 
days per year, during the 5-year period be-
ginning on the date of the enactment of 
this Act; or 
(ii) 3 years of agricultural employ-
ment in the United States for at least 150 
work days per year, during the 3-year pe-
riod beginning on the date of the enact-
ment of this Act. 
(B) 4-YEAR PERIOD OF EMPLOYMENT.— 
An alien shall be considered to meet the re-
quirements of subparagraph (A) if the alien has 
performed 4 years of agricultural employment 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00402
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
403 
in the United States for at least 150 work days 
during 3 years of those 4 years and at least 
100 work days during the remaining year, dur-
ing the 4-year period beginning on the date of 
the enactment of this Act. 
(2) PROOF.—An alien may demonstrate compli-
ance with the requirement under paragraph (1) by 
submitting— 
(A) the record of employment described in 
section 101(e); or 
(B) documentation that may be submitted 
under section 104(c). 
(3) EXTRAORDINARY CIRCUMSTANCES.— 
(A) IN GENERAL.—In determining whether 
an alien has met the requirement of paragraph 
(1)(A), the Secretary may credit the alien with 
not more than 12 additional months of agricul-
tural employment in the United States to meet 
such requirement if the alien was unable to 
work in agricultural employment due to— 
(i) pregnancy, injury, or disease, if the 
alien can establish such pregnancy, dis-
abling injury, or disease through medical 
records; 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00403
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
404 
(ii) illness, disease, or other special 
needs of a minor child, if the alien can es-
tablish such illness, disease, or special 
needs through medical records; 
(iii) severe weather conditions that 
prevented the alien from engaging in agri-
cultural employment for a significant pe-
riod of time; or 
(iv) termination from agricultural em-
ployment, if the Secretary finds that the 
termination was without just cause and 
that the alien was unable to find alter-
native agricultural employment after a rea-
sonable job search. 
(B) EFFECT
OF
FINDING.—A finding 
made under subparagraph (A)(iv), with respect 
to an alien, shall not— 
(i) be conclusive, binding, or admis-
sible in a separate or subsequent judicial 
or administrative action or proceeding be-
tween the alien and a current or prior em-
ployer of the alien or any other party; or 
(ii) subject the alien’s employer to the 
payment of attorney fees incurred by the 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00404
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
405 
alien in seeking to obtain a finding under 
subparagraph (A)(iv). 
(4) APPLICATION
PERIOD.—The alien applies 
for adjustment of status not later than 7 years after 
the date of the enactment of this Act. 
(5) FINE.—The alien pays a fine of $400 to the 
Secretary. 
(b) GROUNDS FOR DENIAL OF ADJUSTMENT OF STA-
TUS.—The Secretary shall deny an alien granted blue card 
status an adjustment of status under this section if— 
(1) the Secretary finds, by a preponderance of 
the evidence, that the adjustment to blue card status 
was the result of fraud or willful misrepresentation, 
as described in section 212(a)(6)(C)(i) of the Immi-
gration 
and 
Nationality 
Act 
(8 
U.S.C. 
1182(a)(6)(C)(i)); or 
(2) the alien— 
(A) commits an act that makes the alien 
inadmissible to the United States under section 
212 of the Immigration and Nationality Act (8 
U.S.C. 1182), except as provided under section 
105(b); 
(B) is convicted of a felony or 3 or more 
misdemeanors committed in the United States; 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00405
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
406 
(C) is convicted of an offense, an element 
of which involves bodily injury, threat of serious 
bodily injury, or harm to property in excess of 
$500; or 
(D) failed to perform the agricultural em-
ployment required under paragraph (1)(A) of 
subsection (a) unless the alien was unable to 
work in agricultural employment due to the ex-
traordinary circumstances described in para-
graph (3) of such subsection. 
(c) GROUNDS
FOR REMOVAL.—Any alien granted 
blue card status who does not apply for adjustment of sta-
tus under this section before the expiration of the applica-
tion period described in subsection (a)(4) or who fails to 
meet the other requirements of subsection (a) by the end 
of the application period, is deportable and may be re-
moved under section 240 of the Immigration and Nation-
ality Act (8 U.S.C. 1229a). 
(d) PAYMENT OF TAXES.— 
(1) IN GENERAL.—Not later than the date on 
which an alien’s status is adjusted under this sec-
tion, the alien shall establish that the alien does not 
owe any applicable Federal tax liability by estab-
lishing that— 
(A) no such tax liability exists; 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00406
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
407 
(B) all such outstanding tax liabilities have 
been paid; or 
(C) the alien has entered into an agree-
ment for payment of all outstanding liabilities 
with the Internal Revenue Service. 
(2) APPLICABLE FEDERAL TAX LIABILITY.—In 
paragraph (1) the term ‘‘applicable Federal tax li-
ability’’ means liability for Federal taxes, including 
penalties and interest, owed for any year during the 
period of employment required under subsection 
(a)(1) for which the statutory period for assessment 
of any deficiency for such taxes has not expired. 
(3) IRS COOPERATION.—The Secretary of the 
Treasury shall establish rules and procedures under 
which the Commissioner of Internal Revenue shall 
provide documentation to an alien upon request to 
establish the payment of all taxes required by this 
subsection. 
(e) SPOUSES AND MINOR CHILDREN.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Secretary shall confer the sta-
tus of lawful permanent resident on the spouse and 
minor child of an alien granted any adjustment of 
status under subsection (a), including any individual 
who was a minor child on the date such alien was 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00407
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
408 
granted blue card status, if the spouse or minor 
child applies for such status, or if the principal alien 
includes the spouse or minor child in an application 
for adjustment of status to that of a lawful perma-
nent resident. 
(2) TREATMENT OF SPOUSES AND MINOR CHIL-
DREN.— 
(A) GRANTING
OF
STATUS
AND
RE-
MOVAL.—The Secretary shall grant derivative 
status to the alien spouse and any minor child 
residing in the United States of an alien grant-
ed blue card status and shall not remove such 
derivative spouse or child during the period that 
the alien granted blue card status maintains 
such status, except as provided in paragraph 
(3). A grant of derivative status to such a 
spouse or child under this subparagraph shall 
not decrease the number of aliens who may re-
ceive blue card status under subsection (h) of 
section 101. 
(B) TRAVEL.—The derivative spouse and 
any minor child of an alien granted blue card 
status may travel outside the United States in 
the same manner as an alien lawfully admitted 
for permanent residence. 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00408
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
409 
(C) EMPLOYMENT.—The derivative spouse 
of an alien granted blue card status may apply 
to the Secretary for a work permit to authorize 
such spouse to engage in any lawful employ-
ment in the United States while such alien 
maintains blue card status. 
(3) GROUNDS FOR DENIAL OF ADJUSTMENT OF 
STATUS AND REMOVAL.—The Secretary shall deny 
an alien spouse or child adjustment of status under 
paragraph (1) and may remove such spouse or child 
under section 240 of the Immigration and Nation-
ality Act (8 U.S.C. 1229a) if the spouse or child— 
(A) commits an act that makes the alien 
spouse or child inadmissible to the United 
States under section 212 of such Act (8 U.S.C. 
1182), except as provided under section 105(b); 
(B) is convicted of a felony or 3 or more 
misdemeanors committed in the United States; 
or 
(C) is convicted of an offense, an element 
of which involves bodily injury, threat of serious 
bodily injury, or harm to property in excess of 
$500. 
SEC. 434. APPLICATIONS. 
(a) SUBMISSION.—The Secretary shall provide that— 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00409
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
410 
(1) applications for blue card status may be 
submitted— 
(A) to the Secretary if the applicant is rep-
resented by an attorney or a nonprofit religious, 
charitable, social service, or similar organization 
recognized by the Board of Immigration Ap-
peals under section 292.2 of title 8, Code of 
Federal Regulations; or 
(B) to a qualified designated entity if the 
applicant consents to the forwarding of the ap-
plication to the Secretary; and 
(2) applications for adjustment of status under 
section 103 shall be filed directly with the Secretary. 
(b) QUALIFIED DESIGNATED ENTITY DEFINED.—In 
this section, the term ‘‘qualified designated entity’’ 
means— 
(1) a qualified farm labor organization or an 
association of employers designated by the Sec-
retary; or 
(2) any such other person designated by the 
Secretary if that Secretary determines such person 
is qualified and has substantial experience, dem-
onstrated competence, and has a history of long- 
term involvement in the preparation and submission 
of applications for adjustment of status under sec-
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00410
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
411 
tion 209, 210, or 245 of the Immigration and Na-
tionality Act (8 U.S.C. 1159, 1160, and 1255), the 
Act entitled ‘‘An Act to adjust the status of Cuban 
refugees to that of lawful permanent residents of the 
United States, and for other purposes’’, approved 
November 2, 1966 (Public Law 89–732; 8 U.S.C. 
1255 note), Public Law 95–145 (8 U.S.C. 1255 
note), or the Immigration Reform and Control Act 
of 1986 (Public Law 99–603; 100 Stat. 3359) or 
any amendment made by that Act. 
(c) PROOF OF ELIGIBILITY.— 
(1) IN GENERAL.—An alien may establish that 
the alien meets the requirement of section 101(a)(1) 
or 103(a)(1) through government employment 
records or records supplied by employers or collec-
tive bargaining organizations, and other reliable doc-
umentation as the alien may provide. The Secretary 
shall establish special procedures to properly credit 
work in cases in which an alien was employed under 
an assumed name. 
(2) DOCUMENTATION OF WORK HISTORY.— 
(A) BURDEN OF PROOF.—An alien apply-
ing for status under section 101(a) or 103(a) 
has the burden of proving by a preponderance 
of the evidence that the alien has worked the 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00411
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
412 
requisite number of hours or days required 
under section 101(a)(1) or 103(a)(1), as appli-
cable. 
(B) TIMELY PRODUCTION OF RECORDS.— 
If an employer or farm labor contractor employ-
ing such an alien has kept proper and adequate 
records respecting such employment, the alien’s 
burden of proof under subparagraph (A) may 
be met by securing timely production of those 
records under regulations to be promulgated by 
the Secretary. 
(C) SUFFICIENT
EVIDENCE.—An alien 
may meet the burden of proof under subpara-
graph (A) to establish that the alien has per-
formed the days or hours of work required by 
section 101(a)(1) or 103(a)(1) by producing 
sufficient evidence to show the extent of that 
employment as a matter of just and reasonable 
inference. 
(d) APPLICATIONS SUBMITTED TO QUALIFIED DES-
IGNATED ENTITIES.— 
(1) 
REQUIREMENTS.—Each 
qualified 
des-
ignated entity shall agree— 
(A) to forward to the Secretary an applica-
tion submitted to that entity pursuant to sub-
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00412
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
413 
section (a)(1)(B) if the applicant has consented 
to such forwarding; 
(B) not to forward to the Secretary any 
such application if the applicant has not con-
sented to such forwarding; and 
(C) to assist an alien in obtaining docu-
mentation of the alien’s work history, if the 
alien requests such assistance. 
(2) NO
AUTHORITY
TO
MAKE
DETERMINA-
TIONS.—No qualified designated entity may make a 
determination required by this subtitle to be made 
by the Secretary. 
(e) LIMITATION ON ACCESS TO INFORMATION.—Files 
and records collected or compiled by a qualified designated 
entity for the purposes of this section are confidential and 
the Secretary shall not have access to such a file or record 
relating to an alien without the consent of the alien, except 
as allowed by a court order issued pursuant to subsection 
(f). 
(f) CONFIDENTIALITY OF INFORMATION.— 
(1) IN
GENERAL.—Except as otherwise pro-
vided in this section, the Secretary or any other offi-
cial or employee of the Department or a bureau or 
agency of the Department is prohibited from— 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00413
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
414 
(A) using information furnished by the ap-
plicant pursuant to an application filed under 
this subtitle, the information provided by an ap-
plicant to a qualified designated entity, or any 
information provided by an employer or former 
employer for any purpose other than to make a 
determination on the application or for impos-
ing the penalties described in subsection (g); 
(B) making any publication in which the 
information furnished by any particular indi-
vidual can be identified; or 
(C) permitting a person other than a 
sworn officer or employee of the Department or 
a bureau or agency of the Department or, with 
respect to applications filed with a qualified 
designated entity, that qualified designated en-
tity, to examine individual applications. 
(2) REQUIRED
DISCLOSURES.—The Secretary 
shall provide the information furnished under this 
subtitle or any other information derived from such 
furnished information to— 
(A) a duly recognized law enforcement en-
tity in connection with a criminal investigation 
or prosecution, if such information is requested 
in writing by such entity; or 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00414
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
415 
(B) an official coroner, for purposes of af-
firmatively identifying a deceased individual, 
whether or not the death of such individual re-
sulted from a crime. 
(3) CONSTRUCTION.— 
(A) IN
GENERAL.—Nothing in this sub-
section shall be construed to limit the use, or 
release, for immigration enforcement purposes 
or law enforcement purposes, of information 
contained in files or records of the Department 
pertaining to an application filed under this sec-
tion, other than information furnished by an 
applicant pursuant to the application, or any 
other information derived from the application, 
that is not available from any other source. 
(B) CRIMINAL
CONVICTIONS.—Notwith-
standing any other provision of this subsection, 
information concerning whether the alien apply-
ing for blue card status or an adjustment of 
status under section 103 has been convicted of 
a crime at any time may be used or released for 
immigration enforcement or law enforcement 
purposes. 
(4) CRIME.—Any person who knowingly uses, 
publishes, or permits information to be examined in 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00415
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
416 
violation of this subsection shall be subject to a fine 
in an amount not to exceed $10,000. 
(g) PENALTIES FOR FALSE STATEMENTS IN APPLI-
CATIONS.— 
(1) CRIMINAL PENALTY.—Any person who— 
(A) files an application for blue card status 
or an adjustment of status under section 103 
and knowingly and willfully falsifies, conceals, 
or covers up a material fact or makes any false, 
fictitious, or fraudulent statements or represen-
tations, or makes or uses any false writing or 
document knowing the same to contain any 
false, fictitious, or fraudulent statement or 
entry; or 
(B) creates or supplies a false writing or 
document for use in making such an applica-
tion, 
shall be fined in accordance with title 18, United 
States Code, imprisoned not more than 5 years, or 
both. 
(2) INADMISSIBILITY.—An alien who is con-
victed of a crime under paragraph (1) shall be con-
sidered to be inadmissible to the United States on 
the ground described in section 212(a)(6)(C)(i) of 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00416
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
417 
the Immigration and Nationality Act (8 U.S.C. 
1182(a)(6)(C)(i)). 
(h) ELIGIBILITY
FOR LEGAL SERVICES.—Section 
504(a)(11) of Public Law 104–134 (110 Stat. 1321–53 
et seq.) shall not be construed to prevent a recipient of 
funds under the Legal Services Corporation Act (42 
U.S.C. 2996 et seq.) from providing legal assistance di-
rectly related to an application for blue card status or an 
adjustment of status under section 103. 
(i) APPLICATION FEES.— 
(1) FEE SCHEDULE.—The Secretary shall pro-
vide for a schedule of fees that— 
(A) shall be charged for the filing of an 
application for blue card status or for an ad-
justment of status under section 103; and 
(B) may be charged by qualified des-
ignated entities to help defray the costs of serv-
ices provided to such applicants. 
(2) PROHIBITION ON EXCESS FEES BY QUALI-
FIED
DESIGNATED
ENTITIES.—A qualified des-
ignated entity may not charge any fee in excess of, 
or in addition to, the fees authorized under para-
graph (1)(B) for services provided to applicants. 
(3) DISPOSITION OF FEES.— 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00417
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
418 
(A) IN GENERAL.—There is established in 
the general fund of the Treasury a separate ac-
count, which shall be known as the ‘‘Agricul-
tural Worker Immigration Status Adjustment 
Account’’. Notwithstanding any other provision 
of law, there shall be deposited as offsetting re-
ceipts into the account all fees collected under 
paragraph (1)(A). 
(B) USE OF FEES FOR APPLICATION PROC-
ESSING.—Amounts deposited in the ‘‘Agricul-
tural Worker Immigration Status Adjustment 
Account’’ shall remain available to the Sec-
retary until expended for processing applica-
tions for blue card status or an adjustment of 
status under section 103. 
SEC. 435. WAIVER OF NUMERICAL LIMITATIONS AND CER-
TAIN GROUNDS FOR INADMISSIBILITY. 
(a) NUMERICAL LIMITATIONS DO NOT APPLY.—The 
numerical limitations of sections 201 and 202 of the Im-
migration and Nationality Act (8 U.S.C. 1151 and 1152) 
shall not apply to the adjustment of aliens to lawful per-
manent resident status under section 103. 
(b) WAIVER OF CERTAIN GROUNDS OF INADMIS-
SIBILITY.—In the determination of an alien’s eligibility for 
status under section 101(a) or an alien’s eligibility for ad-
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00418
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
419 
justment of status under section 103(b)(2)(A) the fol-
lowing rules shall apply: 
(1) GROUNDS
OF
EXCLUSION
NOT
APPLICA-
BLE.—The provisions of paragraphs (5), (6)(A), (7), 
and (9) of section 212(a) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)) shall not apply. 
(2) WAIVER OF OTHER GROUNDS.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the Secretary may waive any 
other provision of such section 212(a) in the 
case of individual aliens for humanitarian pur-
poses, to ensure family unity, or if otherwise in 
the public interest. 
(B) 
GROUNDS
THAT
MAY
NOT
BE 
WAIVED.—Subparagraphs (A), (B), (C), (D), 
(G), (H), and (I) of paragraph (2) and para-
graphs (3) and (4) of such section 212(a) may 
not be waived by the Secretary under subpara-
graph (A). 
(C) 
CONSTRUCTION.—Nothing 
in 
this 
paragraph shall be construed as affecting the 
authority of the Secretary other than under this 
subparagraph to waive provisions of such sec-
tion 212(a). 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00419
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
420 
(3) SPECIAL
RULE
FOR
DETERMINATION
OF 
PUBLIC CHARGE.—An alien is not ineligible for blue 
card status or an adjustment of status under section 
103 by reason of a ground of inadmissibility under 
section 212(a)(4) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(a)(4)) if the alien dem-
onstrates a history of employment in the United 
States evidencing self-support without reliance on 
public cash assistance. 
(c) TEMPORARY STAY OF REMOVAL AND WORK AU-
THORIZATION FOR CERTAIN APPLICANTS.— 
(1) BEFORE
APPLICATION
PERIOD.—Effective 
on the date of enactment of this Act, the Secretary 
shall provide that, in the case of an alien who is ap-
prehended before the beginning of the application 
period described in section 101(a)(2) and who can 
establish a nonfrivolous case of eligibility for blue 
card status (but for the fact that the alien may not 
apply for such status until the beginning of such pe-
riod), until the alien has had the opportunity during 
the first 30 days of the application period to com-
plete the filing of an application for blue card status, 
the alien— 
(A) may not be removed; and 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00420
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
421 
(B) shall be granted authorization to en-
gage in employment in the United States and 
be provided an employment authorized endorse-
ment or other appropriate work permit for such 
purpose. 
(2) DURING APPLICATION PERIOD.—The Sec-
retary shall provide that, in the case of an alien who 
presents a nonfrivolous application for blue card sta-
tus during the application period described in section 
101(a)(2), including an alien who files such an ap-
plication within 30 days of the alien’s apprehension, 
and until a final determination on the application 
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 employment in the United States and 
be provided an employment authorized endorse-
ment or other appropriate work permit for such 
purpose. 
SEC. 436. ADMINISTRATIVE AND JUDICIAL REVIEW. 
(a) IN GENERAL.—There shall be no administrative 
or judicial review of a determination respecting an applica-
tion for blue card status or adjustment of status under 
section 103 except in accordance with this section. 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00421
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
422 
(b) ADMINISTRATIVE REVIEW.— 
(1) SINGLE LEVEL OF ADMINISTRATIVE APPEL-
LATE REVIEW.—The Secretary shall establish an ap-
pellate authority to provide for a single level of ad-
ministrative appellate review of such a determina-
tion. 
(2) STANDARD FOR REVIEW.—Such administra-
tive appellate review shall be based solely upon the 
administrative record established at the time of the 
determination on the application and upon such ad-
ditional or newly discovered evidence as may not 
have been available at the time of the determination. 
(c) JUDICIAL REVIEW.— 
(1) LIMITATION
TO
REVIEW
OF
REMOVAL.— 
There shall be judicial review of such a determina-
tion only in the judicial review of an order of re-
moval under section 242 of the Immigration and 
Nationality Act (8 U.S.C. 1252). 
(2) STANDARD FOR JUDICIAL REVIEW.—Such 
judicial review shall be based solely upon the admin-
istrative record established at the time of the review 
by the appellate authority and the findings of fact 
and determinations contained in such record shall be 
conclusive unless the applicant can establish abuse 
of discretion or that the findings are directly con-
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00422
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
423 
trary to clear and convincing facts contained in the 
record considered as a whole. 
SEC. 437. USE OF INFORMATION. 
Beginning not later than the first day of the applica-
tion period described in section 101(a)(2), the Secretary, 
in cooperation with qualified designated entities (as that 
term is defined in section 104(b)), shall broadly dissemi-
nate information respecting the benefits that aliens may 
receive under this subtitle and the requirements that an 
alien is required to meet to receive such benefits. 
SEC. 438. REGULATIONS, EFFECTIVE DATE, AUTHORIZA-
TION OF APPROPRIATIONS. 
(a) REGULATIONS.—The Secretary shall issue regula-
tions to implement this subtitle not later than the first 
day of the seventh month that begins after the date of 
enactment of this Act. 
(b) EFFECTIVE DATE.—This subtitle shall take effect 
on the date that regulations required by subsection (a) are 
issued, regardless of whether such regulations are issued 
on an interim basis or on any other basis. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary such 
sums as may be necessary to implement this subtitle, in-
cluding any sums needed for costs associated with the ini-
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00423
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
424 
tiation of such implementation, for fiscal years 2014 and 
2015. 
Subchapter B—Correction of Social Security 
Records 
SEC. 441. CORRECTION OF SOCIAL SECURITY RECORDS. 
(a) IN GENERAL.—Section 208(e)(1) of the Social 
Security Act (42 U.S.C. 408(e)(1)) is amended— 
(1) in subparagraph (B)(ii), by striking ‘‘or’’ at 
the end; 
(2) in subparagraph (C), by inserting ‘‘or’’ at 
the end; 
(3) by inserting after subparagraph (C) the fol-
lowing: 
‘‘(D) who is granted blue card status under the 
Agricultural Job Opportunities, Benefits, and Secu-
rity Act of 2013’’; and 
(4) by striking ‘‘1990.’’ and inserting ‘‘1990, or 
in the case of an alien described in subparagraph 
(D), if such conduct is alleged to have occurred be-
fore the date on which the alien was granted blue 
card status.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the first day of the sev-
enth month that begins after the date of the enactment 
of this Act. 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00424
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
425 
CHAPTER 3—REFORM OF H–2A WORKER 
PROGRAM 
SEC. 451. AMENDMENTS TO THE IMMIGRATION AND NA-
TIONALITY ACT. 
(a) IN GENERAL.—Title II of the Immigration and 
Nationality Act (8 U.S.C. 1151 et seq.) is amended by 
striking section 218 and inserting the following: 
‘‘SEC. 218. H–2A EMPLOYER APPLICATIONS. 
‘‘(a) 
APPLICATIONS
TO
THE
SECRETARY
OF 
LABOR.— 
‘‘(1) IN GENERAL.—No alien may be admitted 
to the United States as an H–2A worker, or other-
wise provided status as an H–2A worker, unless the 
employer has filed with the Secretary of Labor an 
application containing— 
‘‘(A) the assurances described in sub-
section (b); 
‘‘(B) a description of the nature and loca-
tion of the work to be performed; 
‘‘(C) the anticipated period (expected be-
ginning and ending dates) for which the work-
ers will be needed; and 
‘‘(D) the number of job opportunities in 
which the employer seeks to employ the work-
ers. 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00425
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
426 
‘‘(2) ACCOMPANIED BY JOB OFFER.—Each ap-
plication filed under paragraph (1) shall be accom-
panied by a copy of the job offer describing the 
wages and other terms and conditions of employ-
ment and the bona fide occupational qualifications 
that shall be possessed by a worker to be employed 
in the job opportunity in question. 
‘‘(b) ASSURANCES
FOR INCLUSION
IN APPLICA-
TIONS.—The assurances referred to in subsection (a)(1) 
are the following: 
‘‘(1) JOB
OPPORTUNITIES
COVERED
BY
COL-
LECTIVE BARGAINING AGREEMENTS.—With respect 
to a job opportunity that is covered under a collec-
tive bargaining agreement: 
‘‘(A) UNION CONTRACT DESCRIBED.—The 
job opportunity is covered by a union contract 
which was negotiated at arm’s length between a 
bona fide union and the employer. 
‘‘(B) STRIKE OR LOCKOUT.—The specific 
job opportunity for which the employer is re-
questing an H–2A worker is not vacant because 
the former occupant is on strike or being locked 
out in the course of a labor dispute. 
‘‘(C) NOTIFICATION OF BARGAINING REP-
RESENTATIVES.—The employer, at the time of 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00426
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
427 
filing the application, has provided notice of the 
filing under this paragraph to the bargaining 
representative of the employer’s employees in 
the occupational classification at the place or 
places of employment for which aliens are 
sought. 
‘‘(D) TEMPORARY OR SEASONAL JOB OP-
PORTUNITIES.—The job opportunity is tem-
porary or seasonal. 
‘‘(E) OFFERS TO UNITED STATES WORK-
ERS.—The employer has offered or will offer 
the job to any eligible United States worker 
who applies and is equally or better qualified 
for the job for which the nonimmigrant is, or 
the nonimmigrants are, sought and who will be 
available at the time and place of need. 
‘‘(F) PROVISION
OF
INSURANCE.—If the 
job opportunity is not covered by the State 
workers’ compensation law, the employer will 
provide, at no cost to the worker, insurance cov-
ering injury and disease arising out of, and in 
the course of, the worker’s employment which 
will provide benefits at least equal to those pro-
vided under the State’s workers’ compensation 
law for comparable employment. 
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00427
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS
440 
employment, whose place of residence is beyond 
normal commuting distance. 
‘‘(B) TYPE
OF
HOUSING.—In complying 
with subparagraph (A), an employer may, at 
the employer’s election, provide housing that 
meets applicable Federal standards for tem-
porary labor camps or secure housing that 
meets applicable local standards for rental or 
public accommodation housing or other sub-
stantially similar class of habitation, or in the 
absence of applicable local standards, State 
standards for rental or public accommodation 
housing or other substantially similar class of 
habitation. In the absence of applicable local or 
State standards, Federal temporary labor camp 
standards shall apply. 
‘‘(C) FAMILY HOUSING.—If it is the pre-
vailing practice in the occupation and area of 
intended employment to provide family housing, 
family housing shall be provided to workers 
with families who request it. 
‘‘(D) WORKERS ENGAGED IN THE RANGE 
PRODUCTION OF LIVESTOCK.—The Secretary of 
Labor shall issue regulations that address the 
specific requirements for the provision of hous-
VerDate Mar 15 2010 
21:44 Oct 02, 2013
Jkt 039200
PO 00000
Frm 00440
Fmt 6652
Sfmt 6201
E:\BILLS\H3163.IH
H3163
rfrederick on DSK6VPTVN1PROD with BILLS