sibility is based on a conviction that would oth-
erwise render the alien ineligible under subpara-
graph (A), (B), or (D) of paragraph (2). 
(c) APPLICATION.— 
(1) APPLICATION PERIOD.—Except as provided 
in paragraph (2), the Secretary shall accept initial 
applications for certified agricultural worker status 
during the 18-month period beginning on the date 
on which the interim final rule is published in the 
Federal Register pursuant to section 122(a). 
(2) EXTENSION.—If the Secretary determines, 
during the initial period described in paragraph (1), 
that additional time is required to process initial ap-
plications for certified agricultural worker status or 
for other good cause, the Secretary may extend the 
period for accepting applications for up to an addi-
tional 12 months. 
(3) SUBMISSION OF APPLICATIONS.— 
(A) IN GENERAL.—An alien may file an 
application with the Secretary under this sec-
tion with the assistance of an attorney or a 
nonprofit religious, charitable, social service, or 
similar organization recognized by the Board of 
Immigration Appeals under section 292.2 of 
title 8, Code of Federal Regulations. The Sec-
retary shall also create a procedure for accept-
ing applications filed by qualified designated en-
tities with the consent of the applicant. 
(B) FARM
SERVICE
AGENCY
OFFICES.— 
The Secretary, in consultation with the Sec-
retary of Agriculture, shall establish a process 
for the filing of applications under this section 
at Farm Service Agency offices throughout the 
United States. 
(4) EVIDENCE
OF
APPLICATION
FILING.—As 
soon as practicable after receiving an application for 
certified agricultural worker status, the Secretary 
shall provide the applicant with a document acknowl-
edging the receipt of such application. Such docu-
ment shall serve as interim proof of the alien’s au-
thorization to accept employment in the United 
States and shall be accepted by an employer as evi-
dence of employment authorization under section 
274A(b)(1)(C) of the Immigration and Nationality 
Act (8 U.S.C. 1324a(b)(1)(C)), if the employer is 
employing the holder of such document to perform 
agricultural labor or services, pending a final admin-
istrative decision on the application. 
(5) EFFECT OF PENDING APPLICATION.—Dur-
ing the period beginning on the date on which an
alien applies for certified agricultural worker status 
under this subtitle, and ending on the date on which 
the Secretary makes a final administrative decision 
regarding such application, the alien and any de-
pendents included in the application— 
(A) may apply for advance parole, which 
shall be granted upon demonstrating a legiti-
mate need to travel outside the United States 
for a temporary purpose; 
(B) may not be detained by the Secretary 
or removed from the United States unless the 
Secretary makes a prima facie determination 
that such alien is, or has become, ineligible for 
certified agricultural worker status; 
(C) may not be considered unlawfully 
present under section 212(a)(9)(B) of the Im-
migration and Nationality Act (8 U.S.C. 
1182(a)(9)(B)); and 
(D) may not be considered an unauthor-
ized alien (as defined in section 274A(h)(3) of 
the Immigration and Nationality Act (8 U.S.C. 
1324a(h)(3))). 
(6) WITHDRAWAL OF APPLICATION.—The Sec-
retary shall, upon receipt of a request from the ap-
plicant to withdraw an application for certified agri-
cultural worker status under this subtitle, cease 
processing of the application, and close the case. 
Withdrawal of the application shall not prejudice 
any future application filed by the applicant for any 
immigration benefit under this Act or under the Im-
migration and Nationality Act (8 U.S.C. 1101 et 
seq.). 
(d) ADJUDICATION AND DECISION.— 
(1) IN GENERAL.—Subject to section 123, the 
Secretary shall render a decision on an application 
for certified agricultural worker status not later than 
180 days after the date the application is filed. 
(2) NOTICE.—Prior to denying an application 
for certified agricultural worker status, the Sec-
retary shall provide the alien with— 
(A) written notice that describes the basis 
for ineligibility or the deficiencies in the evi-
dence submitted; and 
(B) at least 90 days to contest ineligibility 
or submit additional evidence. 
(3) AMENDED APPLICATION.—An alien whose 
application for certified agricultural worker status is 
denied under this section may submit an amended 
application for such status to the Secretary if the 
amended application is submitted within the applica-
tion period described in subsection (c) and contains 
all the required information and fees that were miss-
ing from the initial application. 
(e) ALTERNATIVE H–2A STATUS.—An alien who has 
not met the required period of agricultural labor or serv-
ices under subsection (a)(1)(A), but is otherwise eligible 
for certified agricultural worker status under such sub-
section, shall be eligible for classification as a non-
immigrant described in section 101(a)(15)(H)(ii)(a) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(H)(ii)(a)) upon approval of a petition sub-
mitted by a sponsoring employer, if the alien has per-
formed at least 575 hours (or 100 work days) of agricul-
tural labor or services during the 3-year period preceding 
the date of the introduction of this Act. The Secretary 
shall create a procedure to provide for such classification 
without requiring the alien to depart the United States 
and obtain a visa abroad. 
SEC. 102. TERMS AND CONDITIONS OF CERTIFIED STATUS. 
(a) IN GENERAL.— 
(1) APPROVAL.—Upon approval of an applica-
tion for certified agricultural worker status, or an 
extension of such status pursuant to section 103, the 
Secretary shall issue—
(A) documentary evidence of such status to 
the applicant; and 
(B) documentary evidence of certified agri-
cultural dependent status to any qualified de-
pendent included on such application. 
(2) DOCUMENTARY EVIDENCE.—In addition to 
any other features and information as the Secretary 
may prescribe, the documentary evidence described 
in paragraph (1)— 
(A) shall be machine-readable and tamper- 
resistant; 
(B) shall contain a digitized photograph; 
(C) shall serve as a valid travel and entry 
document for purposes of applying for admis-
sion to the United States; and 
(D) shall be accepted during the period of 
its validity by an employer as evidence of em-
ployment authorization and identity under sec-
tion 274A(b)(1)(B) of the Immigration and Na-
tionality Act (8 U.S.C. 1324a(b)(1)(B)). 
(3) VALIDITY
PERIOD.—Certified agricultural 
worker and certified agricultural dependent status 
shall be valid for 51⁄2 years beginning on the date of 
approval.
(A) submits a completed application, in-
cluding the required processing fees; and 
(B) is not ineligible for certified agricul-
tural worker status under section 101(b). 
(2) CLARIFICATION.—Nothing in this title pro-
hibits an alien granted certified agricultural worker 
or certified agricultural dependent status from 
changing status to any other nonimmigrant classi-
fication for which the alien may be eligible. 
(c) PROHIBITION ON PUBLIC BENEFITS, TAX BENE-
FITS, AND HEALTH CARE SUBSIDIES.—Aliens granted 
certified agricultural worker or certified agricultural de-
pendent status shall be considered lawfully present in the 
United States for all purposes for the duration of their 
status, except that such aliens— 
(1) shall be ineligible for Federal means-tested 
public benefits to the same extent as other individ-
uals who are not qualified aliens under section 431 
of the Personal Responsibility and Work Oppor-
tunity Reconciliation Act of 1996 (8 U.S.C. 1641); 
(2) are not entitled to the premium assistance 
tax credit authorized under section 36B of the Inter-
nal Revenue Code of 1986 (26 U.S.C. 36B), and 
shall be subject to the rules applicable to individuals
who are not lawfully present set forth in subsection 
(e) of such section; 
(3) shall be subject to the rules applicable to in-
dividuals who are not lawfully present set forth in 
section 1402(e) of the Patient Protection and Af-
fordable Care Act (42 U.S.C. 18071(e)); and 
(4) shall be subject to the rules applicable to in-
dividuals not lawfully present set forth in section 
5000A(d)(3) of the Internal Revenue Code of 1986 
(26 U.S.C. 5000A(d)(3)). 
(d) REVOCATION OF STATUS.— 
(1) IN GENERAL.—The Secretary may revoke 
certified agricultural worker or certified agricultural 
dependent status if, after providing notice to the 
alien and the opportunity to provide evidence to con-
test the proposed revocation, the Secretary deter-
mines that the alien no longer meets the eligibility 
requirements for such status under section 101(b). 
(2) INVALIDATION OF DOCUMENTATION.—Upon 
the Secretary’s final determination to revoke an 
alien’s certified agricultural worker or certified agri-
cultural dependent status, any documentation issued 
by the Secretary to such alien under subsection (a) 
shall automatically be rendered invalid for any pur-
pose except for departure from the United States.
SEC. 103. EXTENSIONS OF CERTIFIED STATUS. 
(a) REQUIREMENTS FOR EXTENSIONS OF STATUS.— 
(1) PRINCIPAL
ALIENS.—The Secretary may 
extend certified agricultural worker status for addi-
tional periods of 51⁄2 years to an alien who submits 
a completed application, including the required proc-
essing fees, within the 120-day period beginning 60 
days before the expiration of the fifth year of the 
immediately preceding grant of certified agricultural 
worker status, if the alien— 
(A) except as provided in section 126(c), 
has performed agricultural labor or services in 
the United States for at least 575 hours (or 
100 work days) for each of the prior 5 years in 
which the alien held certified agricultural work-
er status; and 
(B) has not become ineligible for certified 
agricultural worker status under section 101(b). 
(2) DEPENDENT SPOUSE AND CHILDREN.—The 
Secretary may grant or extend certified agricultural 
dependent status to the spouse or child of an alien 
granted an extension of certified agricultural worker 
status under paragraph (1) if the spouse or child is 
not ineligible for certified agricultural dependent sta-
tus under section 101(b).
(3) WAIVER
FOR
LATE
FILINGS.—The Sec-
retary may waive an alien’s failure to timely file be-
fore the expiration of the 120-day period described 
in paragraph (1) if the alien demonstrates that the 
delay was due to extraordinary circumstances be-
yond the alien’s control or for other good cause. 
(b) STATUS FOR WORKERS WITH PENDING APPLICA-
TIONS.— 
(1) IN GENERAL.—Certified agricultural worker 
status of an alien who timely files an application to 
extend such status under subsection (a) (and the 
status of the alien’s dependents) shall be automati-
cally extended through the date on which the Sec-
retary makes a final administrative decision regard-
ing such application. 
(2) DOCUMENTATION
OF
EMPLOYMENT
AU-
THORIZATION.—As soon as practicable after receipt 
of an application to extend certified agricultural 
worker status under subsection (a), the Secretary 
shall issue a document to the alien acknowledging 
the receipt of such application. An employer of the 
worker may not refuse to accept such document as 
evidence of employment authorization under section 
274A(b)(1)(C) of the Immigration and Nationality
Act (8 U.S.C. 1324a(b)(1)(C)), pending a final ad-
ministrative decision on the application. 
(c) NOTICE.—Prior to denying an application to ex-
tend certified agricultural worker status, the Secretary 
shall provide the alien with— 
(1) written notice that describes the basis for 
ineligibility or the deficiencies of the evidence sub-
mitted; and 
(2) at least 90 days to contest ineligibility or 
submit additional evidence. 
SEC. 104. DETERMINATION OF CONTINUOUS PRESENCE. 
(a) EFFECT OF NOTICE TO APPEAR.—The contin-
uous presence in the United States of an applicant for cer-
tified agricultural worker status under section 101 shall 
not terminate when the alien is served a notice to appear 
under section 239(a) of the Immigration and Nationality 
Act (8 U.S.C. 1229(a)). 
(b) TREATMENT
OF CERTAIN BREAKS
IN PRES-
ENCE.— 
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), an alien shall be considered to 
have failed to maintain continuous presence in the 
United States under this subtitle if the alien de-
parted the United States for any period exceeding
90 days, or for any periods, in the aggregate, ex-
ceeding 180 days. 
(2) EXTENSIONS
FOR
EXTENUATING
CIR-
CUMSTANCES.—The Secretary may extend the time 
periods described in paragraph (1) for an alien who 
demonstrates that the failure to timely return to the 
United States was due to extenuating circumstances 
beyond the alien’s control, including the serious ill-
ness of the alien, or death or serious illness of a 
spouse, parent, son or daughter, grandparent, or sib-
ling of the alien. 
(3) 
TRAVEL
AUTHORIZED
BY
THE
SEC-
RETARY.—Any period of travel outside of the United 
States by an alien that was authorized by the Sec-
retary shall not be counted toward any period of de-
parture from the United States under paragraph 
(1). 
SEC. 105. EMPLOYER OBLIGATIONS. 
(a) RECORD OF EMPLOYMENT.—An employer of an 
alien in certified agricultural worker status shall provide 
such alien with a written record of employment each year 
during which the alien provides agricultural labor or serv-
ices to such employer as a certified agricultural worker. 
(b) CIVIL PENALTIES.—