427 
demonstrated competence, and a history of 
long-term involvement in the preparation and 
submission of application for adjustment of sta-
tus under title II of the Immigration and Na-
tionality Act (8 U.S.C. 1151 et seq.). 
(9) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
(10) WORKDAY.—The term ‘‘workday’’ means 
any day in which the individual is employed 5.75 or 
more hours in agricultural labor or services. 
SEC. 41302. RULEMAKING; FEES. 
(a) RULEMAKING.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary shall pub-
lish in the Federal Register, an interim final rule imple-
menting this title. Notwithstanding section 553 of title 5, 
United States Code, the rule shall be effective, on an in-
terim basis, immediately upon publication, but may be 
subject to change and revision after public notice and op-
portunity for comment. The Secretary shall finalize such 
rule not later than 1 year after the date of the enactment 
of this Act. 
(b) FEES.— 
(1) IN GENERAL.—The Secretary may require 
an alien applying for any benefit under this title to 
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pay a reasonable fee that is commensurate with the 
cost of processing the application. 
(2) FEE WAIVER; INSTALLMENTS.— 
(A) IN GENERAL.—The Secretary shall es-
tablish procedures to allow an alien to— 
(i) request a waiver of any fee that 
the Secretary may assess under this title if 
the alien demonstrates to the satisfaction 
of the Secretary that the alien is unable to 
pay the prescribed fee; or 
(ii) pay any fee or penalty that the 
Secretary may assess under this title in in-
stallments. 
(B) CLARIFICATION.—Nothing in this sec-
tion shall be read to prohibit an employer from 
paying any fee or penalty that the Secretary 
may assess under this title on behalf of an alien 
and the alien’s spouse or children. 
SEC. 41303. BACKGROUND CHECKS. 
(a) SUBMISSION OF BIOMETRIC AND BIOGRAPHIC 
DATA.—The Secretary may not grant or extend certified 
agricultural worker or certified agricultural dependent sta-
tus under subtitle A, or grant adjustment of status to that 
of a lawful permanent resident under subtitle B, unless 
the alien submits biometric and biographic data, in accord-
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ance with procedures established by the Secretary. The 
Secretary shall provide an alternative procedure for aliens 
who cannot provide all required biometric or biographic 
data because of a physical impairment. 
(b) BACKGROUND CHECKS.—The Secretary shall use 
biometric, biographic, and other data that the Secretary 
determines appropriate to conduct security and law en-
forcement background checks and to determine whether 
there is any criminal, national security, or other factor 
that would render the alien ineligible for status under this 
title. An alien may not be granted any such status under 
this title unless security and law enforcement background 
checks are completed to the satisfaction of the Secretary. 
SEC. 41304. PROTECTION FOR CHILDREN. 
(a) IN GENERAL.—Except as provided in subsection 
(b), for purposes of eligibility for certified agricultural de-
pendent status or lawful permanent resident status under 
this title, a determination of whether an alien is a child 
shall be made using the age of the alien on the date on 
which the initial application for certified agricultural 
worker status is filed with the Secretary of Homeland Se-
curity. 
(b) LIMITATION.—Subsection (a) shall apply for no 
more than 10 years after the date on which the initial 
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application for certified agricultural worker status is filed 
with the Secretary of Homeland Security. 
SEC. 41305. LIMITATION ON REMOVAL. 
(a) IN GENERAL.—An alien who appears to be prima 
facie eligible for status under this title shall be given a 
reasonable opportunity to apply for such status. Such an 
alien may not be placed in removal proceedings or removed 
from the United States until a final administrative deci-
sion establishing ineligibility for such status is rendered. 
(b) ALIENS IN REMOVAL PROCEEDINGS.—Notwith-
standing any other provision of the law, the Attorney Gen-
eral shall (upon motion by the Secretary with the consent 
of the alien, or motion by the alien) terminate removal 
proceedings, without prejudice, against an alien who ap-
pears to be prima facie eligible for status under this title, 
and provide such alien a reasonable opportunity to apply 
for such status. 
(c) EFFECT OF FINAL ORDER.—An alien present in 
the United States who has been ordered removed or has 
been permitted to depart voluntarily from the United 
States may, notwithstanding such order or permission to 
depart, apply for status under this title. Such alien shall 
not be required to file a separate motion to reopen, recon-
sider, or vacate the order of removal. If the Secretary ap-
proves the application, the Secretary shall notify the At-
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torney General of such approval, and the Attorney General 
shall cancel the order of removal. If the Secretary renders 
a final administrative decision to deny the application, the 
order of removal or permission to depart shall be effective 
and enforceable to the same extent as if the application 
had not been made, only after all available administrative 
and judicial remedies have been exhausted. 
(d) EFFECT OF DEPARTURE.—Section 101(g) of the 
Immigration and Nationality Act (8 U.S.C. 1101(g)) shall 
not apply to an alien who departs the United States— 
(1) with advance permission to return to the 
United States granted by the Secretary under this 
title; or 
(2) after having been granted certified agricul-
tural worker status or lawful permanent resident 
status under this title. 
SEC. 41306. DOCUMENTATION OF AGRICULTURAL WORK 
HISTORY. 
(a) BURDEN OF PROOF.—An alien applying for cer-
tified agricultural worker status under subtitle A or ad-
justment of status under subtitle B has the burden of 
proving by a preponderance of the evidence that the alien 
has worked the requisite number of hours or days required 
under section 101, 103, or 111, as applicable. The Sec-
retary shall establish special procedures to properly credit 
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work in cases in which an alien was employed under an 
assumed name. 
(b) EVIDENCE.—An alien may meet the burden of 
proof under subsection (a) by producing sufficient evi-
dence to show the extent of such employment as a matter 
of just and reasonable inference. Such evidence may in-
clude— 
(1) an annual record of certified agricultural 
worker employment as described in section 105(a), 
or other employment records from employers; 
(2) employment records maintained by collective 
bargaining associations; 
(3) tax records or other government records; 
(4) sworn affidavits from individuals who have 
direct knowledge of the alien’s work history; or 
(5) any other documentation designated by the 
Secretary for such purpose. 
(c) 
EXCEPTIONS
FOR
EXTRAORDINARY
CIR-
CUMSTANCES.— 
(1) IMPACT OF COVID–19.— 
(A) IN
GENERAL.—The Secretary may 
grant certified agricultural worker status to an 
alien who is otherwise eligible for such status if 
such alien is able to only partially satisfy the 
requirement under section 101(a)(1)(A) as a re-
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sult of reduced hours of employment or other 
restrictions associated with the public health 
emergency declared by the Secretary of Health 
and Human Services under section 319 of the 
Public Health Service Act (42 U.S.C. 247d) 
with respect to COVID–19. 
(B) LIMITATION.—The exception described 
in subparagraph (A) shall apply only to agricul-
tural labor or services required to be performed 
during the period that— 
(i) begins on the first day of the pub-
lic health emergency described in subpara-
graph (A); and 
(ii) ends 90 days after the date on 
which such public health emergency termi-
nates. 
(2) EXTRAORDINARY CIRCUMSTANCES.—In de-
termining whether an alien has met the requirement 
under section 103(a)(1)(A) or 111(a)(1)(A), the Sec-
retary may credit the alien with not more than 575 
hours (or 100 workdays) of agricultural labor or 
services in the United States if the alien was unable 
to perform the required agricultural labor or services 
due to— 
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(A) pregnancy, parental leave, illness, dis-
ease, disabling injury, or physical limitation of 
the alien; 
(B) injury, illness, disease, or other special 
needs of the alien’s child or spouse; 
(C) severe weather conditions that pre-
vented the alien from engaging in agricultural 
labor or services; 
(D) reduced hours of employment or other 
restrictions associated with the public health 
emergency declared by the Secretary of Health 
and Human Services under section 319 of the 
Public Health Service Act (42 U.S.C. 247d) 
with respect to COVID–19; or 
(E) termination from agricultural employ-
ment, if the Secretary determines that— 
(i) the termination was without just 
cause; and 
(ii) the alien was unable to find alter-
native agricultural employment after a rea-
sonable job search. 
(3) EFFECT
OF
DETERMINATION.—A deter-
mination under paragraph (1)(E) shall not be con-
clusive, binding, or admissible in a separate or sub-
sequent judicial or administrative action or pro-
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ceeding between the alien and a current or prior em-
ployer of the alien or any other party. 
(4) HARDSHIP WAIVER.— 
(A) IN
GENERAL.—As part of the rule-
making described in section 122(a), the Sec-
retary shall establish procedures allowing for a 
partial waiver of the requirement under section 
111(a)(1)(A) for a certified agricultural worker 
if such worker— 
(i) has continuously maintained cer-
tified agricultural worker status since the 
date such status was initially granted; 
(ii) has partially completed the re-
quirement under section 111(a)(1)(A); and 
(iii) is no longer able to engage in ag-
ricultural labor or services safely and effec-
tively because of— 
(I) a permanent disability suf-
fered while engaging in agricultural 
labor or services; or 
(II) deteriorating health or phys-
ical ability combined with advanced 
age. 
(B) DISABILITY.—In establishing the pro-
cedures described in subparagraph (A), the Sec-
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retary shall consult with the Secretary of 
Health and Human Services and the Commis-
sioner of Social Security to define ‘‘permanent 
disability’’ for purposes of a waiver under sub-
paragraph (A)(iii)(I). 
SEC. 41307. EMPLOYER PROTECTIONS. 
(a) CONTINUING EMPLOYMENT.—An employer that 
continues to employ an alien knowing that the alien in-
tends to apply for certified agricultural worker status 
under subtitle A shall not violate section 274A(a)(2) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1324a(a)(2)) by continuing to employ the alien for the du-
ration of the application period under section 101(c), and 
with respect to an alien who applies for certified agricul-
tural status, for the duration of the period during which 
the alien’s application is pending final determination. 
(b) USE OF EMPLOYMENT RECORDS.—Copies of em-
ployment records or other evidence of employment pro-
vided by an alien or by an alien’s employer in support of 
an alien’s application for certified agricultural worker or 
adjustment of status under this title may not be used in 
a civil or criminal prosecution or investigation of that em-
ployer under section 274A of the Immigration and Nation-
ality Act (8 U.S.C. 1324a) or the Internal Revenue Code 
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of 1986 for the prior unlawful employment of that alien 
regardless of the outcome of such application. 
(c) ADDITIONAL
PROTECTIONS.—Employers that 
provide unauthorized aliens with copies of employment 
records or other evidence of employment in support of an 
application for certified agricultural worker status or ad-
justment of status under this title shall not be subject to 
civil and criminal liability pursuant to such section 274A 
for employing such unauthorized aliens. Records or other 
evidence of employment provided by employers in response 
to a request for such records for the purpose of estab-
lishing eligibility for status under this title may not be 
used for any purpose other than establishing such eligi-
bility. 
(d) LIMITATION ON PROTECTION.—The protections 
for employers under this section shall not apply if the em-
ployer provides employment records to the alien that are 
determined to be fraudulent. 
SEC. 41308. CORRECTION OF SOCIAL SECURITY RECORDS; 
CONFORMING AMENDMENTS. 
(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; 
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(2) in subparagraph (C), by inserting ‘‘or’’ at 
the end; 
(3) by inserting after subparagraph (C) the fol-
lowing: 
‘‘(D) who is granted certified agricultural work-
er status, certified agricultural dependent status, or 
lawful permanent resident status under title I of the 
American Agriculture Dominance Act,’’; and 
(4) in the undesignated matter following sub-
paragraph (D), as added by paragraph (3), by strik-
ing ‘‘1990.’’ and inserting ‘‘1990, or in the case of 
an alien described in subparagraph (D), if such con-
duct is alleged to have occurred before the date on 
which the alien was granted status under title I of 
the American Agriculture Dominance Act.’’. 
(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. 
(c) CONFORMING AMENDMENTS.— 
(1) SOCIAL SECURITY ACT.—Section 210(a)(1) 
of the Social Security Act (42 U.S.C. 410(a)(1)) is 
amended by inserting before the semicolon the fol-
lowing: ‘‘(other than aliens granted certified agricul-
tural worker status or certified agricultural depend-
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ent status under title I of the American Agriculture 
Dominance Act’’. 
(2) INTERNAL REVENUE CODE OF 1986.—Sec-
tion 3121(b)(1) of the Internal Revenue Code of 
1986 is amended by inserting before the semicolon 
the following: ‘‘(other than aliens granted certified 
agricultural worker status or certified agricultural 
dependent status under title I of the American Agri-
culture Dominance Act’’. 
(3) EFFECTIVE DATE.—The amendments made 
by this subsection shall apply with respect to service 
performed after the date of the enactment of this 
Act. 
(d) AUTOMATED SYSTEM TO ASSIGN SOCIAL SECU-
RITY ACCOUNT NUMBERS.—Section 205(c)(2)(B) of the 
Social Security Act (42 U.S.C. 405(c)(2)(B)) is amended 
by adding at the end the following: 
‘‘(iv) The Commissioner of Social Se-
curity shall, to the extent practicable, co-
ordinate with the Secretary of the Depart-
ment of Homeland Security to implement 
an automated system for the Commissioner 
to assign social security account numbers 
to aliens granted certified agricultural 
worker status or certified agricultural de-
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pendent status under title I of the Amer-
ican Agriculture Dominance Act. An alien 
who is granted such status, and who was 
not previously assigned a social security 
account number, shall request assignment 
of a social security account number and a 
social security card from the Commissioner 
through such system. The Secretary shall 
collect and provide to the Commissioner 
such information as the Commissioner 
deems necessary for the Commissioner to 
assign a social security account number, 
which information may be used by the 
Commissioner for any purpose for which 
the Commissioner is otherwise authorized 
under Federal law. The Commissioner may 
maintain, use, and disclose such informa-
tion only as permitted by the Privacy Act 
and other Federal law.’’. 
SEC. 41309. DISCLOSURES AND PRIVACY. 
(a) IN GENERAL.—The Secretary may not disclose 
or use information provided in an application for certified 
agricultural worker status or adjustment of status under 
this title (including information provided during adminis-
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trative or judicial review) for the purpose of immigration 
enforcement. 
(b) REFERRALS PROHIBITED.—The Secretary, based 
solely on information provided in an application for cer-
tified agricultural worker status or adjustment of status 
under this title (including information provided during ad-
ministrative or judicial review), may not refer an applicant 
to U.S. Immigration and Customs Enforcement, U.S. Cus-
toms and Border Protection, or any designee of either 
such entity. 
(c) EXCEPTIONS.—Notwithstanding subsections (a) 
and (b), information provided in an application for cer-
tified agricultural worker status or adjustment of status 
under this title may be shared with Federal security and 
law enforcement agencies— 
(1) for assistance in the consideration of an ap-
plication under this title; 
(2) to identify or prevent fraudulent claims or 
schemes; 
(3) for national security purposes; or 
(4) for the investigation or prosecution of any 
felony not related to immigration status. 
(d) PENALTY.—Any person who knowingly uses, pub-
lishes, or permits information to be examined in violation 
of this section shall be fined not more than $10,000. 
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(e) PRIVACY.—The Secretary shall ensure that ap-
propriate administrative and physical safeguards are in 
place to protect the security, confidentiality, and integrity 
of personally identifiable information collected, main-
tained, and disseminated pursuant to this title. 
SEC. 41310. PENALTIES FOR FALSE STATEMENTS IN APPLI-
CATIONS. 
(a) CRIMINAL PENALTY.—Any person who— 
(1) files an application for certified agricultural 
worker status or adjustment of status under this 
title and knowingly falsifies, conceals, or covers up 
a material fact or makes any false, fictitious, or 
fraudulent statements or representations, or makes 
or uses any false writing or document knowing the 
same to contain any false, fictitious, or fraudulent 
statement or entry; or 
(2) creates or supplies a false writing or docu-
ment for use in making such an application, 
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 
under subsection (a) shall be deemed inadmissible to the 
United States under section 212(a)(6)(C)(i) of the Immi-
gration and Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)). 
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(c) DEPOSIT.—Fines collected under 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)). 
SEC. 41311. DISSEMINATION OF INFORMATION. 
(a) IN GENERAL.—Beginning not later than the first 
day of the application period described in section 101(c)— 
(1) the Secretary of Homeland Security, in co-
operation with qualified designated entities, shall 
broadly disseminate information described in sub-
section (b); and 
(2) the Secretary of Agriculture, in consultation 
with the Secretary of Homeland Security, shall dis-
seminate to agricultural employers a document con-
taining the information described in subsection (b) 
for posting at employer worksites. 
(b) INFORMATION DESCRIBED.—The information de-
scribed in this subsection shall include— 
(1) the benefits that aliens may receive under 
this title; and 
(2) the requirements that an alien must meet to 
receive such benefits. 
SEC. 41312. EXEMPTION FROM NUMERICAL LIMITATIONS. 
The numerical limitations under title II of the Immi-
gration and Nationality Act (8 U.S.C. 1151 et seq.) shall 
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not apply to the adjustment of aliens to lawful permanent 
resident status under this title, and such aliens shall not 
be counted toward any such numerical limitation. 
SEC. 41313. REPORTS TO CONGRESS. 
Not later than 180 days after the publication of the 
final rule under section 122(a), and annually thereafter 
for the following 10 years, the Secretary shall submit a 
report to Congress that identifies, for the previous fiscal 
year— 
(1) the number of principal aliens who applied 
for certified agricultural worker status under subtitle 
A, and the number of dependent spouses and chil-
dren included in such applications; 
(2) the number of principal aliens who were 
granted certified agricultural worker status under 
subtitle A, and the number of dependent spouses 
and children who were granted certified agricultural 
dependent status; 
(3) the number of principal aliens who applied 
for an extension of their certified agricultural worker 
status under subtitle A, and the number of depend-
ent spouses and children included in such applica-
tions; 
(4) the number of principal aliens who were 
granted an extension of certified agricultural worker 
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status under subtitle A, and the number of depend-
ent spouses and children who were granted certified 
agricultural dependent status under such an exten-
sion; 
(5) the number of principal aliens who applied 
for adjustment of status under subtitle B, and the 
number of dependent spouses and children included 
in such applications; 
(6) the number of principal aliens who were 
granted lawful permanent resident status under sub-
title B, and the number of spouses and children who 
were granted such status as dependents; 
(7) the number of principal aliens included in 
petitions described in section 101(e), and the num-
ber of dependent spouses and children included in 
such applications; and 
(8) the number of principal aliens who were 
granted H–2A status pursuant to petitions described 
in section 101(e), and the number of dependent 
spouses and children who were granted H–4 status. 
SEC. 41314. GRANT PROGRAM TO ASSIST ELIGIBLE APPLI-
CANTS. 
(a) ESTABLISHMENT.—The Secretary shall establish 
a program to award grants, on a competitive basis, to eli-
gible nonprofit organizations to assist eligible applicants 
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under this title by providing them with the services de-
scribed in subsection (c). 
(b) ELIGIBLE
NONPROFIT
ORGANIZATION.—For 
purposes of this section, the term ‘‘eligible nonprofit orga-
nization’’ means an organization described in section 
501(c)(3) of the Internal Revenue Code of 1986 (exclud-
ing a recipient of funds under title X of the Economic 
Opportunity Act of 1964 (42 U.S.C. 2996 et seq.)) that 
has demonstrated qualifications, experience, and expertise 
in providing quality services to farm workers or aliens. 
(c) USE OF FUNDS.—Grant funds awarded under 
this section may be used for the design and implementa-
tion of programs that provide— 
(1) information to the public regarding the eli-
gibility and benefits of certified agricultural worker 
status authorized under this title; and 
(2) assistance, within the scope of authorized 
practice of immigration law, to individuals submit-
ting applications for certified agricultural worker 
status or adjustment of status under this title, in-
cluding— 
(A) screening prospective applicants to as-
sess their eligibility for such status; 
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(B) completing applications, including pro-
viding assistance in obtaining necessary docu-
ments and supporting evidence; and 
(C) providing any other assistance that the 
Secretary determines useful to assist aliens in 
applying for certified agricultural worker status 
or adjustment of status under this title. 
(d) SOURCE OF FUNDS.—In addition to any funds 
appropriated to carry out this section, the Secretary may 
use up to $10,000,000 from the Immigration Examina-
tions Fee Account under section 286(m) of the Immigra-
tion and Nationality Act (8 U.S.C. 1356(m)) to carry out 
this section. 
(e) ELIGIBILITY FOR 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 title 
X of the Economic Opportunity Act of 1964 (42 U.S.C. 
2996 et seq.) from providing legal assistance directly re-
lated to an application for status under this title or to 
an alien granted such status. 
SEC. 41315. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated to the Sec-
retary, such sums as may be necessary to implement this 
title, including any amounts needed for costs associated 
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with the initiation of such implementation, for each of fis-
cal years 2024 through 2026. 
TITLE II—ENSURING AN AGRI-
CULTURAL WORKFORCE FOR 
THE FUTURE 
Subtitle A—Reforming the H–2A 
Worker Program 
SEC. 42101. COMPREHENSIVE AND STREAMLINED ELEC-
TRONIC H–2A PLATFORM. 
(a) STREAMLINED H–2A PLATFORM.— 
(1) IN GENERAL.—Not later than 12 months 
after the date of the enactment of this Act, the Sec-
retary of Homeland Security, in consultation with 
the Secretary of Labor, the Secretary of Agriculture, 
the Secretary of State, and the United States Dig-
ital Service, shall ensure the establishment of an 
electronic platform through which a petition for an 
H–2A worker may be filed. Such platform shall— 
(A) serve as a single point of access for an 
employer to input all information and sup-
porting documentation required for obtaining 
labor certification from the Secretary of Labor 
and the adjudication of the H–2A petition by 
the Secretary of Homeland Security; 
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449 
(B) serve as a single point of access for the 
Secretary of Homeland Security, the Secretary 
of Labor, and State workforce agencies to con-
currently perform their respective review and 
adjudicatory responsibilities in the H–2A proc-
ess; 
(C) facilitate communication between em-
ployers and agency adjudicators, including by 
allowing employers to— 
(i) receive and respond to notices of 
deficiency and requests for information; 
(ii) submit requests for inspections 
and licensing; 
(iii) receive notices of approval and 
denial; and 
(iv) request reconsideration or appeal 
of agency decisions; and 
(D) provide information to the Secretary of 
State and U.S. Customs and Border Protection 
necessary for the efficient and secure processing 
of H–2A visas and applications for admission. 
(2) OBJECTIVES.—In developing the platform 
described in paragraph (1), the Secretary of Home-
land Security, in consultation with the Secretary of 
Labor, the Secretary of Agriculture, the Secretary of 
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450 
State, and the United States Digital Service, shall 
streamline and improve the H–2A process, including 
by— 
(A) eliminating the need for employers to 
submit duplicate information and documenta-
tion to multiple agencies; 
(B) eliminating redundant processes, where 
a single matter in a petition is adjudicated by 
more than one agency; 
(C) reducing the occurrence of common pe-
tition errors, and otherwise improving and expe-
diting the processing of H–2A petitions; and 
(D) ensuring compliance with H–2A pro-
gram requirements and the protection of the 
wages and working conditions of workers. 
(b) ONLINE JOB REGISTRY.—The Secretary of Labor 
shall maintain a national, publicly accessible online job 
registry and database of all job orders submitted by H– 
2A employers. The registry and database shall— 
(1) be searchable using relevant criteria, includ-
ing the types of jobs needed to be filled, the date(s) 
and location(s) of need, and the employer(s) named 
in the job order; 
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451 
(2) provide an interface for workers in English, 
Spanish, and any other language that the Secretary 
of Labor determines to be appropriate; and 
(3) provide for public access of job orders ap-
proved under section 218(h)(2) of the Immigration 
and Nationality Act. 
SEC. 42102. AGRICULTURAL LABOR OR SERVICES. 
(a) DEFINITION.—Section 101(a) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)), as amended by 
section 8101, is further amended by adding at the end 
the following: 
‘‘(54) The term ‘agricultural labor or services’ 
has the meaning given such term by the Secretary 
of Agriculture in regulations and includes— 
‘‘(A) agricultural labor (as such term is de-
fined in section 3121(g) of the Internal Rev-
enue Code of 1986) except as described in sub-
section (g)(4) of such section; 
‘‘(B) agriculture (as such term is defined 
in section 3(f) of the Fair Labor Standards Act 
of 1938 (29 U.S.C. 203(f))), except that the re-
quirement that such work be performed by a 
farmer or on a farm as an incident to or in con-
junction with such farming operations shall not 
apply if such work is being performed at the di-
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452 
rection of and as incident to or in conjunction 
with the farmers’ farming operation; 
‘‘(C) agricultural employment (as such 
term is defined in section 3 of the Migrant and 
Seasonal Worker Protection Act (29 U.S.C. 
1802)); 
‘‘(D) the handling, planting, drying, pack-
ing, packaging, processing, freezing, or grading 
prior to delivery for storage of any agricultural 
or horticultural commodity in its unmanufac-
tured state; 
‘‘(E) all activities required for the prepara-
tion, processing or manufacturing, for further 
distribution, of— 
‘‘(i) a product of agriculture (as such 
term is defined in such section 3(f)); 
‘‘(ii) a product of aquaculture; or 
‘‘(iii) wild-caught fish or shellfish; 
‘‘(F) pressing of apples for cider on a 
farm; 
‘‘(G) activities related to the management 
and training of equines; and 
‘‘(H) performing any of the activities de-
scribed in this paragraph for an agricultural 
employer (as such term is defined in paragraph 
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477 
‘‘(I) IN GENERAL.—The Attorney 
General may exercise the discretion 
described in clause (i) if the Attorney 
General determines that removal of 
the alien or the denial of a request for 
relief from removal would result in 
hardship to the alien’s United States 
citizen spouse, parent, or child. There 
shall be a presumption that family 
separation constitutes hardship. 
‘‘(II) WIDOW
AND
SURVIVING 
CHILD OF DECEASED UNITED STATES 
CITIZEN.—In the case of the death of 
a citizen of the United States, the At-
torney General may exercise discretion 
described in clause (i) with respect to 
an alien who was a child of such cit-
izen, or was the spouse of such citizen 
and was not legally separated from 
such citizen on the date of the citi-
zen’s death, if— 
‘‘(aa) the Attorney General 
determines that removal of the 
child or spouse or the denial of a 
requested benefit would result in 
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478 
hardship to the child or spouse; 
and 
‘‘(bb) the child or spouse 
seeks relief requiring such discre-
tion not later than two years 
after the date of the citizen’s 
death or demonstrates to the sat-
isfaction of the Attorney General 
the existence of extraordinary cir-
cumstances that prevented the 
spouse or child from seeking re-
lief within such period. 
‘‘(iii) EXCLUSIONS.—This subpara-
graph shall not apply to an alien whom the 
Attorney General determines— 
‘‘(I) is inadmissible under— 
‘‘(aa) paragraph (2) or (3) 
of section 212(a); or 
‘‘(bb) 
subparagraph 
(A), 
(C), or (D) of section 212(a)(10); 
or 
‘‘(II) is deportable under para-
graph (2), (4), or (6) of section 
237(a).’’. 
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