I 
115TH CONGRESS 
1ST SESSION H. R. 2690 
To improve agricultural job opportunities, benefits, and security for aliens 
in the United States and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 25, 2017 
Mr. GUTIE´RREZ (for himself, Mr. PANETTA, Ms. LOFGREN, Ms. MICHELLE 
LUJAN GRISHAM of New Mexico, Mr. CONYERS, Mr. VARGAS, Ms. JUDY 
CHU
of California, Mr. CA´RDENAS, Mr. VELA, Mr. WELCH, Mr. 
CARBAJAL, Mr. THOMPSON of California, Ms. JAYAPAL, Mr. GALLEGO, 
Mr. GRIJALVA, Mr. SOTO, Ms. ROYBAL-ALLARD, Mr. BLUMENAUER, Ms. 
BARRAGA´N, Mr. SCHNEIDER, Mr. MCGOVERN, Mrs. NAPOLITANO, Mr. 
SIRES, Mr. ESPAILLAT, Mr. NADLER, Mr. GONZALEZ of Texas, and Mr. 
JEFFRIES) introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committee on Ways and 
Means, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To improve agricultural job opportunities, benefits, and secu-
rity for aliens in the United States and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Agricultural Worker Program Act of 2017’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—PROGRAM FOR EARNED STATUS ADJUSTMENT OF 
AGRICULTURAL WORKERS 
Sec. 101. Blue card status. 
Sec. 102. Adjustment to permanent resident status. 
Sec. 103. Use of information. 
Sec. 104. Reports on blue cards. 
Sec. 105. Authorization of appropriations. 
TITLE II—CORRECTION OF SOCIAL SECURITY RECORDS 
Sec. 201. Correction of Social Security records. 
TITLE III—DEFINITIONS 
Sec. 301. Definitions. 
TITLE 
I—PROGRAM 
FOR 
EARNED 
STATUS 
ADJUST-
MENT 
OF 
AGRICULTURAL 
WORKERS 
SEC. 101. BLUE CARD STATUS. 
(a) REQUIREMENTS FOR BLUE CARD STATUS.—Not-
withstanding any other provision of law, the Secretary, 
may grant blue card status to an alien who— 
(1)(A) has completed qualified work; 
(B)(i) is the spouse or child of an alien de-
scribed in subparagraph (A); 
(ii) was physically present in the United States 
on or before the date of the enactment of this Act; 
and 
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(iii) has maintained continuous presence in the 
United States from that date until the date on which 
the alien is granted blue card status; or 
(C) is, or has been, a nonimmigrant alien ad-
mitted to the United States for agricultural employ-
ment described in section 101(a)(15)(H)(ii)(a) of 
such Act who has completed qualified work; 
(2) is not ineligible under subsection (d)(2); 
(3) submits a completed application before the 
end of the period set forth in subsection (b)(3); 
(4) passes the national security and law en-
forcement clearances required under subsection 
(d)(1) to the satisfactory of the Secretary; and 
(5) pays the required processing fees and pen-
alties in accordance with subsection (e). 
(b) APPLICATION.— 
(1) SUBMISSION REQUIREMENTS.—An alien de-
scribed in subsection (a)(1) who is seeking blue card 
status shall submit an application— 
(A) to the Secretary, with the assistance of 
an attorney or a nonprofit religious, charitable, 
social service, or similar organization recognized 
by the Board of Immigration Appeals under 
section 292.2 of title 8, Code of Federal Regu-
lations; or 
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(B) to a qualified entity if the applicant 
consents to the forwarding of the application to 
the Secretary. 
(2) EVIDENCE
OF
APPLICATION
FILING.—As 
soon as practicable after receiving each application 
for blue card status under paragraph (1), the Sec-
retary shall provide the applicant with a document 
acknowledging the receipt of such application. 
(3) APPLICATION PERIOD.— 
(A) INITIAL PERIOD.—Except as provided 
in subparagraphs (B) and (C), the Secretary 
shall accept applications for blue card status 
from aliens in the United States during the 18- 
month period beginning on the date on which 
the final rule is published in the Federal Reg-
ister pursuant to subsection (j). 
(B) EXCEPTION.—Aliens described in sub-
section (a)(1)(C) may apply for blue card status 
from outside of the United States. 
(C) EXTENSION.—If the Secretary deter-
mines, during the initial period described in 
subparagraph (A), that additional time is re-
quired to process applications for blue card sta-
tus or for other good cause, the Secretary may 
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extend the period for accepting applications for 
an additional 18 months. 
(4) APPLICATION.— 
(A) IN
GENERAL.—The application form 
referred to in paragraph (1) shall collect such 
information as the Secretary determines nec-
essary and appropriate. 
(B) FAMILY APPLICATION.—The Secretary 
shall establish a process through which an alien 
may submit a single application under this sec-
tion on behalf of the alien and his or her spouse 
and children who meet the requirements set 
forth in subsection (a)(1)(B). 
(5) ADJUDICATION.— 
(A) 
INTERVIEW.—The 
Secretary 
may 
interview applicants for blue card status to de-
termine whether they meet the eligibility re-
quirements set forth in this section. 
(B) FAILURE TO SUBMIT SUFFICIENT EVI-
DENCE.—The Secretary may deny an applica-
tion for blue card status submitted by an alien 
who fails to submit evidence of the alien’s eligi-
bility for such status. 
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(C) NOTICE.—If the Secretary denies an 
application for blue card status, the Secretary 
shall— 
(i) send a written notice to the appli-
cant that provides the applicant with the 
basis for denial; and 
(ii) provide the alien with an oppor-
tunity to cure the denial within a reason-
able time. 
(D) AMENDED
APPLICATION.—An alien 
whose application for blue card status is denied 
under subparagraph (B) may submit an amend-
ed application for such status to the Secretary 
if the amended application— 
(i) is submitted within the application 
period described in paragraph (3); and 
(ii) contains all the required informa-
tion and fees that were missing from the 
initial application. 
(E) ADDITIONAL PROCEDURES.—The Sec-
retary may utilize the procedures set forth in 
sections 103.2 and 103.3 of title 8, Code of 
Federal Regulations, as in effect on the date of 
the enactment of this Act, to adjudicate re-
quests for blue card status to the extent such 
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procedures are consistent with the requirements 
under this section. 
(6) EVIDENCE OF BLUE CARD STATUS.— 
(A) IN
GENERAL.—The Secretary shall 
issue documentary evidence of blue card status 
to each alien whose application for such status 
has been approved. 
(B) DOCUMENTATION
FEATURES.—Docu-
mentary evidence provided under subparagraph 
(A)— 
(i) shall be machine-readable and tam-
per-resistant; 
(ii) shall contain a digitized photo-
graph; 
(iii) shall, during the alien’s author-
ized period of admission, and any exten-
sion of such authorized admission, serve as 
a valid travel and entry document for the 
purpose of applying for admission to the 
United States; 
(iv) may be accepted during the pe-
riod of its validity by an employer as evi-
dence of employment authorization and 
identity under section 274A(b)(1)(B) of 
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the Immigration and Nationality Act (8 
U.S.C. 1324a(b)(1)(B)); and 
(v) shall include such other features 
and information as the Secretary may pre-
scribe. 
(c) SPECIAL RULES FOR BLUE CARD APPLICANTS 
AND ALIENS ELIGIBLE FOR BLUE CARD STATUS.— 
(1) ALIENS APPREHENDED BEFORE OR DURING 
THE APPLICATION PERIOD.—If an alien, who is ap-
prehended during the period beginning on the date 
of the enactment of this Act and ending on the last 
day of the application period described in paragraph 
(3), appears prima facie eligible for blue card status, 
the Secretary— 
(A) shall provide the alien with a reason-
able opportunity to submit an application for 
such status under this section during such ap-
plication period; and 
(B) may not remove the individual until a 
final administrative determination is made on 
the application. 
(2) ALIENS IN REMOVAL PROCEEDINGS.—Not-
withstanding any other provision of the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.) if an 
alien is in removal, deportation, or exclusion pro-
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ceedings during the period beginning on the date of 
the enactment of this Act and ending on the last day 
of the application period described in subsection 
(b)(3) and is prima facie eligible for blue card status 
under this section, upon motion by the Secretary 
and with the consent of the alien or upon motion by 
the alien, the Executive Office for Immigration Re-
view shall— 
(A) terminate such proceedings without 
prejudice to future proceedings; and 
(B) permit the alien a reasonable oppor-
tunity to apply for such status. 
(3) TREATMENT OF ALIENS PREVIOUSLY OR-
DERED REMOVED.— 
(A) IN GENERAL.—If an alien who meets 
the eligibility requirements set forth in sub-
section (a) is present in the United States and 
has been ordered excluded, deported, or re-
moved, or ordered to depart voluntarily from 
the United States under any provision of the 
Immigration and Nationality Act— 
(i) notwithstanding such order or sec-
tion 241(a)(5) of the Immigration and Na-
tionality Act (8 U.S.C. 1231(a)(5)), the 
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alien may apply for blue card status under 
this section; and 
(ii) if the alien is granted such status, 
the alien may file a motion to reopen the 
exclusion, deportation, removal, or vol-
untary departure order, which motion shall 
be granted. 
(B) LIMITATIONS
ON
MOTIONS
TO
RE-
OPEN.—The limitations on motions to reopen 
set forth in section 240(c)(7) of the Immigra-
tion and Nationality Act (8 U.S.C. 1229a(c)(7)) 
shall not apply to motions filed under subpara-
graph (A)(ii). 
(4) PERIOD PENDING ADJUDICATION OF APPLI-
CATION.—During the period beginning on the date 
on which an alien applies for blue card status under 
this section and ending on the date on which the 
Secretary makes a final decision regarding such ap-
plication, the alien— 
(A) is eligible to apply for advance parole; 
(B) may not be detained by the Secretary 
or removed from the United States unless the 
Secretary makes a prima facie determination 
that such alien is, or has become, ineligible for 
blue card status under subsection (d)(2); 
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(C) shall not be considered unlawfully 
present under section 212(a)(9)(B) of the Im-
migration and Nationality Act (8 U.S.C. 
1182(a)(9)(B)); and 
(D) shall not be considered an unauthor-
ized alien (as defined in section 274A(h)(3) of 
the Immigration and Nationality Act (8 U.S.C. 
1324a(h)(3))). 
(5) EFFECT OF DEPARTURE.—Section 101(g) 
of the Immigration and Nationality Act (8 U.S.C. 
1101(g)) shall not apply to an alien granted— 
(A) advance parole under paragraph (4)(A) 
to reenter the United States; or 
(B) blue card status. 
(6) PROTECTION
FROM
DETENTION
OR
RE-
MOVAL
DURING
BLUE
CARD
STATUS.—An alien 
granted blue card status under this section may not 
be detained by the Secretary or removed from the 
United States unless— 
(A) the alien is removable under 237 of the 
Immigration and Nationality Act (8 U.S.C. 
1227); or 
(B) the alien’s blue card status has been 
revoked. 
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(7) DURATION OF STATUS.—Beginning on the 
date that is eight years after the date on which reg-
ulations are published under subsection (j), no alien 
may remain in blue card status. 
(d) REQUIRED BACKGROUND INVESTIGATIONS AND 
INELIGIBILITY.— 
(1) IN GENERAL.— 
(A) BIOMETRIC AND BIOGRAPHIC DATA.— 
The Secretary may not grant blue card status 
to an alien or an alien dependent spouse or 
child under this section unless such alien sub-
mits biometric and biographic data in accord-
ance with procedures established by the Sec-
retary. 
(B) 
ALTERNATIVE
PROCEDURES.—The 
Secretary shall provide an alternative procedure 
for applicants who cannot provide the standard 
biometric data required under subparagraph 
(A) because of a physical impairment. 
(C) DATA
COLLECTION.—The Secretary 
shall collect, from each alien applying for status 
under this section, biometric, biographic, and 
other data that the Secretary determines to be 
appropriate in order to conduct a background 
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investigation and determine the alien’s eligi-
bility for blue card status. 
(2) GROUNDS FOR INELIGIBILITY.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), an alien is ineligible for blue 
card status if the Secretary determines that the 
alien— 
(i) has a conviction for— 
(I) an offense classified as a fel-
ony in the convicting jurisdiction 
(other than a State or local offense 
for which an essential element was the 
alien’s immigration status, or a viola-
tion of the Immigration and Nation-
ality Act (8 U.S.C. 1101 et seq.); 
(II) an aggravated felony (as de-
fined in section 101(a)(43) of the Im-
migration and Nationality Act (8 
U.S.C. 1101(a)(43)) at the time of 
the conviction); 
(III) 3 or more misdemeanor of-
fenses (other than minor traffic of-
fenses or State or local offenses for 
which an essential element was the 
alien’s immigration status, or viola-
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tions of the Immigration and Nation-
ality Act) if the alien was convicted on 
different dates for each of the 3 of-
fenses; 
(IV) any offense under foreign 
law, except for a purely political of-
fense, which, if the offense had been 
committed in the United States, 
would render the alien inadmissible 
under section 212(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 
1182(a)), excluding the paragraphs 
set forth in clause (ii), or removable 
under section 237(a) of such Act (8 
U.S.C. 1227(a)), except as provided in 
paragraph (3) of such section 237(a); 
or 
(V) unlawful voting (as defined 
in section 237(a)(6) of the Immigra-
tion and Nationality Act (8 U.S.C. 
1227(a)(6))); 
(ii) is inadmissible under section 
212(a) of the Immigration and Nationality 
Act (8 U.S.C. 1182(a)), except that in de-
termining an alien’s inadmissibility— 
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(I) paragraphs (4), (5), (7), and 
(9)(B) of such section 212(a) shall 
not apply; 
(II) subparagraphs (A), (C), (D), 
(F), and (G) of such section 212(a)(6) 
and paragraphs (9)(C) and (10)(B) of 
such section 212(a) shall not apply 
unless based on the act of unlawfully 
entering the United States after the 
date of the enactment of this Act; and 
(III) 
paragraphs 
(6)(B) 
and 
(9)(A) of such section 212(a) shall 
not apply unless the relevant conduct 
began on or after the date on which 
the alien files an application for reg-
istered provisional immigrant status 
under this section; 
(iii) is an alien who the Secretary 
knows or has reasonable grounds to be-
lieve, is engaged in or is likely to engage 
after entry in any terrorist activity (as de-
fined in section 212(a)(3)(B)(iv) of such 
Act); or 
(iv) was, on the date of the enactment 
of this Act— 
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(I) an alien lawfully admitted for 
permanent residence; or 
(II) an alien admitted as a ref-
ugee under section 207 of the Immi-
gration and Nationality Act (8 U.S.C. 
1157) or granted asylum under sec-
tion 208 of such Act (8 U.S.C. 1158). 
(B) WAIVER.— 
(i) IN GENERAL.—The Secretary may 
waive the application of subparagraph 
(A)(i)(III) or any provision of section 
212(a) of the Immigration and Nationality 
Act (8 U.S.C. 1182(a)) that is not listed in 
clause (ii) on behalf of an alien for human-
itarian purposes, to ensure family unity, or 
if such a waiver is otherwise in the public 
interest. Any discretionary authority to 
waive grounds of inadmissibility under 
such section 212(a) conferred under any 
other provision of the Immigration and 
Nationality Act shall apply equally to 
aliens seeking blue card status under this 
section. 
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(ii) EXCEPTIONS.—The discretionary 
authority under clause (i) may not be used 
to waive— 
(I) 
subparagraph 
(B), 
(C), 
(D)(ii), (E), (G), (H), or (I) of section 
212(a)(2) of such Act; 
(II) section 212(a)(3) of such 
Act; or 
(III) subparagraph (A), (C), (D), 
or (E) of section 212(a)(10) of such 
Act. 
(C) CONVICTION
EXPLAINED.—For pur-
poses of this paragraph, the term ‘‘conviction’’ 
does not include a judgment that has been ex-
punged, set aside, or the equivalent. 
(D) RULE OF CONSTRUCTION.—Nothing in 
this paragraph may be construed to require the 
Secretary to commence removal proceedings 
against an alien. 
(e) FEES AND PENALTIES.— 
(1) STANDARD
PROCESSING
FEE.—Aliens 16 
years of age or older who are applying for blue card 
status under this subsection, or for an extension of 
such status, shall pay a processing fee to the De-
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partment of Homeland Security in an amount deter-
mined by the Secretary. 
(2) RECOVERY OF COSTS.—The processing fee 
authorized under paragraph (1) shall be set at a 
level that is sufficient to recover the full costs of 
processing the application, including any costs in-
curred— 
(A) to adjudicate the application; 
(B) to take and process biometric data; 
(C) to perform national security and crimi-
nal checks, including adjudication; 
(D) to prevent and investigate fraud; and 
(E) to administer the collection of such 
fee. 
(3) AUTHORITY
TO
LIMIT
FEES.—The Sec-
retary may issue regulations— 
(A) to limit the maximum processing fee 
payable under this subsection by a family, in-
cluding spouses and unmarried children young-
er than 21 years of age; and 
(B) to exempt defined classes of individ-
uals from the payment of the fee required 
under paragraph (1). 
(4) PENALTY.—In addition to the processing 
fee required under paragraph (1), aliens applying for 
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blue card status under this subsection who are 21 
years of age or older shall pay a $100 penalty to the 
Department of Homeland Security. 
(5) DEPOSIT AND USE OF PROCESSING FEES 
AND
PENALTIES.—Fees and penalties authorized 
under this subsection— 
(A) shall be deposited into the Immigration 
Examinations Fee Account pursuant to section 
286(m) of the Immigration and Nationality Act 
(8 U.S.C. 1356(m)); and 
(B) shall remain available until expended 
pursuant to section 286(n) of such Act. 
(f) TERMS AND CONDITIONS OF BLUE CARD STA-
TUS.— 
(1) CONDITIONS OF BLUE CARD STATUS.— 
(A) EMPLOYMENT.—Notwithstanding any 
other provision of law, including section 
241(a)(7) of the Immigration and Nationality 
Act (8 U.S.C. 1231(a)(7)), an alien with blue 
card status shall be authorized to be employed 
in the United States while in such status. 
(B) 
TRAVEL
OUTSIDE
THE
UNITED 
STATES.—An alien with blue card status— 
(i) may travel outside of the United 
States, including commuting to the United 
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States from a residence in a foreign coun-
try; and 
(ii) may be admitted upon returning 
to the United States without having to ob-
tain a visa if— 
(I) the alien is in possession of— 
(aa) valid, unexpired docu-
mentary evidence of blue card 
status that complies with sub-
section (b)(6)(B); or 
(bb) a travel document that 
has been approved by the Sec-
retary and was issued to the 
alien after the alien’s original 
documentary evidence was lost, 
stolen, or destroyed; 
(II) the alien’s absence from the 
United States did not exceed 180 
days, unless the alien’s failure to 
timely return was due to extenuating 
circumstances beyond the alien’s con-
trol; and 
(III) the alien establishes that he 
or she is not inadmissible under sub-
paragraph (A)(i), (A)(iii), (B), or (C) 
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of section 212(a)(3) of the Immigra-
tion and Nationality Act (8 U.S.C. 
1182(a)(3)). 
(C) ADMISSION.—An alien granted blue 
card status shall be considered to have been ad-
mitted in such status as of the date on which 
the alien’s application was submitted. 
(D) CLARIFICATION OF STATUS.—An alien 
granted blue card status shall be considered 
lawfully admitted to the United States. 
(2) REVOCATION.— 
(A) IN GENERAL.—The Secretary may re-
voke blue card status at any time after pro-
viding appropriate notice to the alien, and after 
the exhaustion or waiver of all applicable ad-
ministrative review procedures if the alien— 
(i) no longer meets the eligibility re-
quirements for blue card status; 
(ii) knowingly used documentation 
issued under this section for an unlawful 
or fraudulent purpose; or 
(iii) was absent from the United 
States for— 
(I) any single period longer than 
180 days in violation of the require-
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ment under paragraph (1)(B)(ii)(II); 
or 
(II) for more than 180 days in 
the aggregate during any calendar 
year, unless the alien’s failure to time-
ly return was due to extenuating cir-
cumstances beyond the alien’s control. 
(B) ADDITIONAL EVIDENCE.— 
(i) IN
GENERAL.—In determining 
whether to revoke an alien’s status under 
subparagraph (A), the Secretary may re-
quire the alien— 
(I) to submit additional evidence; 
and 
(II) to appear for an interview. 
(ii) EFFECT
OF
NONCOMPLIANCE.— 
The blue card status of an alien who fails 
to comply with any requirement imposed 
by the Secretary under clause (i) shall be 
revoked unless the alien demonstrates to 
the Secretary’s satisfaction that such fail-
ure was reasonably excusable. 
(C) INVALIDATION OF DOCUMENTATION.— 
If an alien’s blue card status is revoked pursu-
ant to subparagraph (A), any documentation 
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issued by the Secretary to such alien under sub-
section (b)(6) shall automatically be rendered 
invalid for any purpose except for departure 
from the United States. 
(3) INELIGIBILITY FOR PUBLIC BENEFITS.—An 
alien who has been granted blue card status is not 
eligible for the Federal means-tested public benefits 
unavailable to qualified aliens under section 403 of 
the Personal Responsibility and Work Opportunity 
Reconciliation Act of 1996 (8 U.S.C. 1613)). 
(4) TREATMENT OF BLUE CARD STATUS.—An 
alien granted blue card status shall be considered 
lawfully present in the United States for all pur-
poses while such alien remains in such status, except 
that the alien— 
(A) is not entitled to the premium assist-
ance tax credit authorized under section 36B of 
the Internal Revenue Code of 1986 (26 U.S.C. 
36B) for his or her coverage; 
(B) shall be subject to the rules applicable 
to individuals who are not lawfully present set 
forth in subsection (e) of such section; 
(C) shall be subject to the rules applicable 
to individuals who are not lawfully present set 
forth in section 1402(e) of the Patient Protec-
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tion and Affordable Care Act (42 U.S.C. 
18071(e)); and 
(D) shall be subject to the rules applicable 
to individuals not lawfully present set forth in 
section 5000A(d)(3) of the Internal Revenue 
Code of 1986 (26 U.S.C. 5000A(d)(3)). 
(g) PROVISIONS INVOLVING EMPLOYERS.— 
(1) RECORD OF EMPLOYMENT.—Employers of 
aliens granted blue card status shall provide the 
alien and the Secretary with a written record of em-
ployment each year the alien remains in such status. 
(2) CIVIL PENALTIES.— 
(A) IN GENERAL.—If the Secretary deter-
mines, after notice and an opportunity for a 
hearing, that an employer of an alien granted 
blue card status has knowingly failed to provide 
the record of employment required under para-
graph (1) or has provided a false statement of 
material fact in such a record, the employer 
shall be subject to a civil penalty in an amount 
not to exceed $500 per violation. 
(B) LIMITATION.—The penalty under sub-
paragraph (A) for failure to provide employ-
ment records shall not apply unless the alien 
has provided the employer with evidence of em-
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ployment authorization described in subsection 
(b)(11). 
(C) DEPOSIT OF CIVIL PENALTIES.—Civil 
penalties collected under this paragraph shall be 
deposited into the Immigration Examinations 
Fee Account pursuant to section 286(m) of the 
Immigration and Nationality Act (8 U.S.C. 
1356(m)). 
(3) CONTINUING EMPLOYMENT.—An employer 
that knows an alien employee is an applicant for 
blue card status or will apply for such status once 
the application period commences is not in violation 
of section 274A(a)(2) of the Immigration and Na-
tionality Act (8 U.S.C. 1324a(a)(2)) if the employer 
continues to employ the alien pending the adjudica-
tion of the alien employee’s application. 
(4) EMPLOYER PROTECTIONS.— 
(A) USE
OF
EMPLOYMENT
RECORDS.— 
Copies of employment records or other evidence 
of employment provided by an alien or by an 
alien’s employer in support of an alien’s appli-
cation for blue card status may not be used in 
a civil or criminal prosecution or investigation 
of that employer under section 274A of the Im-
migration and Nationality Act (8 U.S.C. 
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1324a) or the Internal Revenue Code of 1986 
for the prior unlawful employment of that alien 
regardless of the adjudication of such applica-
tion or reconsideration by the Secretary of such 
alien’s prima facie eligibility determination. 
Employers that provide unauthorized aliens 
with copies of employment records or other evi-
dence of employment pursuant to an application 
for blue card status shall not be subject to civil 
and criminal liability pursuant to such section 
274A for employing such unauthorized aliens. 
(B) LIMIT ON APPLICABILITY.—The pro-
tections for employers and aliens under sub-
paragraph (A) shall not apply if the aliens or 
employers submit employment records that are 
determined to be fraudulent. 
(h) ADMINISTRATIVE AND JUDICIAL REVIEW.— 
(1) IN GENERAL.—Any administrative or judi-
cial review of a determination regarding an applica-
tion for blue card status shall comply with the re-
quirements under this subsection. 
(2) ADMINISTRATIVE REVIEW.— 
(A) SINGLE
LEVEL
OF
APPELLATE
RE-
VIEW.—The Secretary shall establish an appel-
late authority to provide for a single level of ad-
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ministration appellate review of a final agency 
determination. 
(B) STANDARD FOR REVIEW.—An admin-
istrative appellate review established under sub-
paragraph (A) shall be based solely upon— 
(i) the administrative record estab-
lished at the time of the determination re-
garding the application; and 
(ii) any additional or newly discovered 
evidence that was not available at the time 
of a final agency determination. 
(3) JUDICIAL REVIEW.—Judicial review of a de-
termination under this section shall be limited to the 
review of an order of removal under section 242 of 
the Immigration and Nationality Act (8 U.S.C. 
1252). 
(i) DISCLOSURES AND PRIVACY.— 
(1) PROHIBITED DISCLOSURES.—Except as oth-
erwise provided in this subsection, no officer or em-
ployee of any Federal agency may— 
(A) use the information furnished in an 
application for lawful status under this section 
or section 245B of the Immigration and Na-
tionality Act, as added by section 102, for any 
purpose other than to make a determination on 
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any application by the alien for any immigra-
tion benefit or protection; 
(B) make any publication through which 
information furnished by any particular appli-
cant can be identified; or 
(C) permit anyone other than the sworn of-
ficers, employees, and contractors of such agen-
cy or of another entity approved by the Sec-
retary to examine any individual application for 
lawful status under this section or such section 
245B. 
(2) REQUIRED
DISCLOSURES.—The Secretary 
shall provide the information furnished in an appli-
cation filed under this section or section 245B of the 
Immigration and Nationality Act, as added by sec-
tion 102, and any other information derived from 
such furnished information to— 
(A) a law enforcement agency, intelligence 
agency, national security agency, a component 
of the Department of Homeland Security, 
court, or grand jury, consistent with law, in 
connection with— 
(i) a criminal investigation or prosecu-
tion of any felony not related to the appli-
cant’s immigration status; or 
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(ii) a national security investigation or 
prosecution; and 
(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) AUDITING AND EVALUATION OF INFORMA-
TION.—The Secretary may— 
(A) audit and evaluate information fur-
nished as part of any application filed under 
this section or section 245B of the Immigration 
and Nationality Act, as added by section 102, 
for purposes of identifying immigration fraud or 
fraud schemes; and 
(B) use any evidence detected by means of 
audits and evaluations for purposes of inves-
tigating, prosecuting, referring for prosecution, 
or denying or terminating immigration benefits. 
(4) PRIVACY AND CIVIL LIBERTIES.— 
(A) IN GENERAL.—The Secretary, in ac-
cordance with paragraph (1), shall require ap-
propriate administrative and physical safe-
guards to protect the security, confidentiality, 
and integrity of personally identifiable informa-
tion collected, maintained, and disseminated 
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pursuant to this section and section 245B of 
the Immigration and Nationality Act, as added 
by section 102. 
(B) ASSESSMENTS.—Notwithstanding the 
privacy requirements set forth in section 222 of 
the Homeland Security Act (6 U.S.C. 142) and 
the E-Government Act of 2002 (Public Law 
107–347), the Secretary shall conduct a privacy 
impact assessment and a civil liberties impact 
assessment of the legalization program estab-
lished under this section and section 245B of 
the Immigration and Nationality Act during the 
pendency of the final regulations to be issued 
pursuant to subsection (j). 
(j) RULEMAKING.—Not later than 1 year after the 
date of the enactment of this Act, the Secretary shall issue 
final regulations to implement this section. 
SEC. 102. ADJUSTMENT TO PERMANENT RESIDENT STATUS. 
(a) IN GENERAL.—Chapter 5 of title II (8 U.S.C. 
1255 et seq.) is amended by inserting after section 245A 
the following: 
‘‘SEC. 245B. ADJUSTMENT TO PERMANENT RESIDENT STA-
TUS FOR AGRICULTURAL WORKERS. 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(b), and not earlier than 5 years after the date of the en-
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actment of the Agricultural Worker Program Act of 2017, 
the Secretary shall adjust the status of an alien granted 
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.—Except as 
provided in paragraph (3), the alien— 
‘‘(A) during the 8-year period beginning on 
the date of the enactment of the Agricultural 
Worker Program Act of 2017, performed not 
less than 100 work days of agricultural employ-
ment during each of 5 years; or 
‘‘(B) during the 5-year period beginning on 
such date of enactment, performed not less 
than 150 work days of agricultural employment 
during each of 3 years. 
‘‘(2) EVIDENCE.—An alien may demonstrate 
compliance with the requirement under paragraph 
(1) by submitting to the Secretary— 
‘‘(A) the alien’s record of employment (as 
described in section 101(d) of the Agricultural 
Worker Program Act of 2017); 
‘‘(B) documentation that may be submitted 
under subsection (e)(4); or 
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‘‘(C) any other documentation designated 
by the Secretary for such purpose. 
‘‘(3) EXTRAORDINARY CIRCUMSTANCES.— 
‘‘(A) IN GENERAL.—In determining wheth-
er an alien has met the requirement under 
paragraph (1), the Secretary may credit the 
alien with not more than 12 additional months 
of agricultural employment in the United States 
to meet such requirement if the alien was un-
able to work in agricultural employment due 
to— 
‘‘(i) pregnancy, disabling injury, or 
disease established by the alien through 
medical records; 
‘‘(ii) illness, disease, or other special 
needs of the alien’s child established by the 
alien through medical records; 
‘‘(iii) severe weather conditions that 
prevented the alien from engaging in agri-
cultural employment for a significant pe-
riod; or 
‘‘(iv) termination from agricultural 
employment, if the Secretary determines 
that— 
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‘‘(I) the termination was without 
just cause; and 
‘‘(II) the alien was unable to find 
alternative agricultural employment 
after a reasonable job search. 
‘‘(B) EFFECT OF DETERMINATION.—A de-
termination under subparagraph (A)(iv), with 
respect to an alien, shall not be conclusive, 
binding, or admissible in a separate or subse-
quent judicial or administrative action or pro-
ceeding between the alien and a current or 
prior employer of the alien or any other party. 
‘‘(4) APPLICATION PERIOD.—The alien applies 
for adjustment of status before the expiration of the 
alien’s blue card status. 
‘‘(5) FINE.—The alien pays a fine of $400 to 
the Secretary, which shall be deposited into the Im-
migration Examinations Fee Account pursuant to 
section 286(m). 
‘‘(b) GROUNDS FOR DENIAL OF ADJUSTMENT OF 
STATUS.— 
‘‘(1) IN GENERAL.—The Secretary may not ad-
just the status of an alien granted blue card status 
if the alien— 
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‘‘(A) is no longer eligible for blue card sta-
tus; or 
‘‘(B) failed to perform the qualifying em-
ployment required under subsection (a)(1), 
after considering any amount credited by the 
Secretary under subsection (a)(3). 
‘‘(2) MAINTENANCE OF WAIVERS OF INADMIS-
SIBILITY.—The grounds of inadmissibility set forth 
in section 212(a) that were previously waived for the 
alien or made inapplicable shall not apply for pur-
poses of the alien’s adjustment of status under this 
section. 
‘‘(3) PENDING REVOCATION PROCEEDINGS.—If 
the Secretary has notified the applicant that the 
Secretary intends to revoke the applicant’s blue card 
status, the Secretary may not approve an application 
for adjustment of status under this section unless 
the Secretary makes a final determination not to re-
voke the applicant’s status. 
‘‘(4) PAYMENT OF TAXES.— 
‘‘(A) IN GENERAL.—An alien may not file 
an application for adjustment of status under 
this section unless the applicant has satisfied 
any applicable Federal tax liability. 
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‘‘(B) DEFINITION
OF
APPLICABLE
FED-
ERAL TAX LIABILITY.—In this paragraph, the 
term ‘applicable federal tax liability’ means all 
Federal income taxes assessed in accordance 
with section 6203 of the Internal Revenue Code 
of 1986 since the date on which the applicant 
was authorized to work in the United States in 
blue card status. 
‘‘(C) COMPLIANCE.—An alien may dem-
onstrate compliance with subparagraph (A) by 
submitting such documentation as the Sec-
retary, in consultation with the Secretary of the 
Treasury, may require by regulation. 
‘‘(c) SPOUSES
AND CHILDREN.—Notwithstanding 
any other provision of law, the Secretary shall grant per-
manent resident status to the spouse or child of an alien 
whose status was adjusted under subsection (a) if— 
‘‘(1) the spouse or child (including any indi-
vidual who was a child on the date such alien was 
granted blue card status) applies for or received 
such status; 
‘‘(2) the principal alien includes the spouse and 
children in an application for adjustment of status 
to that of a lawful permanent resident; and 
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‘‘(3) the spouse or child is not ineligible for 
such status. 
‘‘(d) NUMERICAL LIMITATIONS.—The numerical lim-
itations under sections 201 and 202 shall not apply to the 
adjustment of aliens to lawful permanent resident status 
under this section. 
‘‘(e) SUBMISSION OF APPLICATIONS.— 
‘‘(1) INTERVIEW.—The Secretary may interview 
applications for adjustment of status under this sec-
tion to determine whether the alien meets the eligi-
bility requirements set forth in this section. 
‘‘(2) FEES.— 
‘‘(A) IN GENERAL.—Applicants for adjust-
ment of status under this section shall pay a 
processing fee to the Secretary in an amount 
that will ensure the recovery of the full costs of 
adjudicating such applications, including— 
‘‘(i) the cost of taking and processing 
biometric data; 
‘‘(ii) expenses relating to prevention 
and investigation of fraud; and 
‘‘(iii) costs relating to the collection of 
such fee. 
‘‘(B) AUTHORITY
TO
LIMIT
FEES.—The 
Secretary, by regulation— 
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‘‘(i) may limit the maximum proc-
essing fee payable under this paragraph by 
a family, including spouses and children; 
and 
‘‘(ii) may exempt defined classes of in-
dividuals from the payment of the fee 
under subparagraph (A). 
‘‘(3) DISPOSITION OF FEES.—All fees collected 
under paragraph (2)(A)— 
‘‘(A) shall be deposited into the Immigra-
tion Examinations Fee Account pursuant to 
section 286(m); and 
‘‘(B) shall remain available until expended 
pursuant to section 286(n). 
‘‘(4) DOCUMENTATION OF WORK HISTORY.— 
‘‘(A) BURDEN OF PROOF.—An alien apply-
ing for blue card status under section 101 of 
the Agricultural Worker Program Act of 2017 
or for adjustment of status under subsection (a) 
shall provide evidence that the alien has worked 
the requisite number of hours or days required 
under subsection (a)(1) of such section 101 or 
subsection (a)(1) of this section, as applicable. 
‘‘(B) TIMELY PRODUCTION OF RECORDS.— 
If an employer or farm labor contractor employ-
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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 referred to in 
subparagraph (A) by producing sufficient evi-
dence to show the extent of that employment as 
a matter of just and reasonable inference. 
‘‘(f) PENALTIES FOR FALSE STATEMENTS IN APPLI-
CATIONS.— 
‘‘(1) CRIMINAL PENALTY.—Any person who— 
‘‘(A) files an application for blue card sta-
tus under section 101 of the Agricultural Work-
er Program Act of 2017 or for an adjustment 
of status under this section and knowingly and 
willfully falsifies, conceals, or covers up a mate-
rial fact or makes any false, fictitious, or fraud-
ulent statements or representations, or makes 
or uses any false writing or document knowing 
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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 described in paragraph (1) shall be 
deemed inadmissible to the United States on the 
ground described in section 212(a)(6)(C)(i). 
‘‘(3) DEPOSIT.—Fines collected under para-
graph (1) shall be deposited into the Immigration 
Examinations Fee Account pursuant to section 
286(m). 
‘‘(g) ELIGIBILITY FOR LEGAL SERVICES.—Section 
504(a)(11) of the Departments of Commerce, Justice, and 
State, the Judiciary, and Related Agencies Appropriations 
Act, 1996 (Public Law 104–134; 110 Stat. 1321–55) may 
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 directly related to an appli-
cation for blue card status under section 101 of the Agri-
cultural Worker Program Act of 2017, to an individual 
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