IB 
Union Calendar No. 263 
116TH CONGRESS 
1ST SESSION H. R. 5038 
[Report No. 116–328, Part I] 
To amend the Immigration and Nationality Act to provide for terms and 
conditions for nonimmigrant workers performing agricultural labor or 
services, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 12, 2019 
Ms. LOFGREN (for herself, Mr. NEWHOUSE, Mr. PETERSON, Mr. SIMPSON, 
Mr. NADLER, Mr. DIAZ-BALART, Ms. SA´NCHEZ, Mr. LAMALFA, Mr. PA-
NETTA, Mr. AMODEI, Mr. COX of California, Mr. BAIRD, Mr. COSTA, 
Mrs. BROOKS of Indiana, Mr. HARDER of California, Mr. COLE, Mr. 
BRINDISI, Mr. CURTIS, Ms. JUDY CHU of California, Mr. RODNEY DAVIS 
of Illinois, Ms. FUDGE, Mr. GIBBS, Mr. LAWSON of Florida, Mrs. ROD-
GERS of Washington, Ms. SLOTKIN, Mr. MITCHELL, Mr. CORREA, Mr. 
NUNES, Ms. TORRES SMALL of New Mexico, Mr. REED, Ms. GARCIA of 
Texas, Ms. STEFANIK, Mr. DAVID SCOTT of Georgia, Mr. STIVERS, Mr. 
CARBAJAL, Mr. UPTON, Mr. SCHRADER, Mr. YOUNG, Ms. CRAIG, Mr. 
WALDEN, Mr. CA´RDENAS, Mr. FITZPATRICK, Ms. SPANBERGER, Mr. 
VELA, Mrs. TORRES of California, Ms. SCHRIER, Mr. SMUCKER, Mr. 
PETERS, Mr. TIPTON, and Mr. CROW) introduced the following bill; which 
was referred to the Committee on the Judiciary, and in addition to the 
Committees on Ways and Means, Education and Labor, and Financial 
Services, 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 
DECEMBER 9, 2019 
Additional sponsors: Mr. STEWART, Mr. GARAMENDI, Mr. KING of New York, 
Mr. SUOZZI, Mr. CUELLAR, Mr. DELGADO, Mr. KIND, Ms. PINGREE, Mr. 
THOMPSON of California, Mr. RUIZ, Ms. ESCOBAR, Ms. BASS, and Mr. 
O’HALLERAN 
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DECEMBER 9, 2019 
Reported from the Committee on the Judiciary with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
DECEMBER 9, 2019 
Committees on Ways and Means, Education and Labor, and Financial Serv-
ices discharged; committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
[For text of introduced bill, see copy of bill as introduced on November 12, 2019] 
A BILL 
To amend the Immigration and Nationality Act to provide 
for terms and conditions for nonimmigrant workers per-
forming agricultural labor or services, and for other pur-
poses. 
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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 
‘‘Farm Workforce Modernization Act of 2019’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—SECURING THE DOMESTIC AGRICULTURAL WORKFORCE 
Subtitle A—Temporary Status for Certified Agricultural Workers 
Sec. 101. Certified agricultural worker status. 
Sec. 102. Terms and conditions of certified status. 
Sec. 103. Extensions of certified status. 
Sec. 104. Determination of continuous presence. 
Sec. 105. Employer obligations. 
Sec. 106. Administrative and judicial review. 
Subtitle B—Optional Earned Residence for Long-term Workers 
Sec. 111. Optional adjustment of status for long-term agricultural workers. 
Sec. 112. Payment of taxes. 
Sec. 113. Adjudication and decision; review. 
Subtitle C—General Provisions 
Sec. 121. Definitions. 
Sec. 122. Rulemaking; Fees. 
Sec. 123. Background checks. 
Sec. 124. Protection for children. 
Sec. 125. Limitation on removal. 
Sec. 126. Documentation of agricultural work history. 
Sec. 127. Employer protections. 
Sec. 128. Correction of social security records. 
Sec. 129. Disclosures and privacy. 
Sec. 130. Penalties for false statements in applications. 
Sec. 131. Dissemination of information. 
Sec. 132. Exemption from numerical limitations. 
Sec. 133. Reports to Congress. 
Sec. 134. Grant program to assist eligible applicants. 
Sec. 135. Authorization of appropriations. 
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TITLE I—SECURING THE DOMES-
TIC 
AGRICULTURAL 
WORK-
FORCE 
Subtitle A—Temporary Status for 
Certified Agricultural Workers 
SEC. 101. CERTIFIED AGRICULTURAL WORKER STATUS. 
(a) REQUIREMENTS FOR CERTIFIED AGRICULTURAL 
WORKER STATUS.— 
(1) PRINCIPAL
ALIENS.—The Secretary may 
grant certified agricultural worker status to an alien 
who submits a completed application, including the 
required processing fees, before the end of the period 
set forth in subsection (c) and who— 
(A) performed agricultural labor or services 
in the United States for at least 1,035 hours (or 
180 work days) during the 2-year period pre-
ceding the date of the introduction of this Act; 
(B) is inadmissible or deportable from the 
United States on the date of the introduction of 
this Act; 
(C) subject to section 104, has been continu-
ously present in the United States since the date 
of the introduction of this Act and until the date 
on which the alien is granted certified agricul-
tural worker status; and 
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(D) is not otherwise ineligible for certified 
agricultural worker status as provided in sub-
section (b). 
(2) DEPENDENT SPOUSE AND CHILDREN.—The 
Secretary may grant certified agricultural dependent 
status to the spouse or child of an alien granted cer-
tified agricultural worker status under paragraph (1) 
if the spouse or child is not ineligible for certified ag-
ricultural dependent status as provided in subsection 
(b). 
(b) GROUNDS FOR INELIGIBILITY.— 
(1) GROUNDS OF INADMISSIBILITY.—Except as 
provided in paragraph (3), an alien is ineligible for 
certified agricultural worker or certified agricultural 
dependent status if the Secretary determines that the 
alien is inadmissible under section 212(a) of the Im-
migration and Nationality Act (8 U.S.C. 1182(a)), 
except that in determining inadmissibility— 
(A) paragraphs (4), (5), (7), and (9)(B) of 
such section shall not apply; 
(B) 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 
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entering the United States after the date of in-
troduction of this Act; and 
(C) paragraphs (6)(B) and (9)(A) of such 
section 212(a) shall not apply unless the relevant 
conduct began on or after the date of filing of the 
application for certified agricultural worker sta-
tus. 
(2) ADDITIONAL
CRIMINAL
BARS.—Except as 
provided in paragraph (3), an alien is ineligible for 
certified agricultural worker or certified agricultural 
dependent status if the Secretary determines that, ex-
cluding any offense under State law for which an es-
sential element is the alien’s immigration status and 
any minor traffic offense, the alien has been convicted 
of— 
(A) any felony offense; 
(B) an aggravated felony (as defined in sec-
tion 101(a)(43) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(43)) at the time of 
the conviction); 
(C) two misdemeanor offenses involving 
moral 
turpitude, 
as 
described 
in 
section 
212(a)(2)(A)(i)(I) of the Immigration and Na-
tionality Act (8 U.S.C. 1182(a)(2)(A)(i)(I)), un-
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less an offense is waived by the Secretary under 
paragraph (3)(B); or 
(D) three or more misdemeanor offenses not 
occurring on the same date, and not arising out 
of the same act, omission, or scheme of mis-
conduct. 
(3) WAIVERS FOR CERTAIN GROUNDS OF INAD-
MISSIBILITY.—For humanitarian purposes, family 
unity, or if otherwise in the public interest, the Sec-
retary may waive the grounds of inadmissibility 
under— 
(A) paragraph (1), (6)(E), or (10)(D) of 
section 212(a) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(a)); or 
(B) subparagraphs (A) and (D) of section 
212(a)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1182(a)(2)), unless inadmissibility 
is based on a conviction that would otherwise 
render the alien ineligible under subparagraph 
(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 
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which the interim final rule is published in the Fed-
eral 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 pe-
riod 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 section 
with the assistance of an attorney or a nonprofit 
religious, charitable, social service, or similar or-
ganization recognized by the Board of Immigra-
tion Appeals under section 292.2 of title 8, Code 
of Federal Regulations. The Secretary shall also 
create a procedure for accepting applications 
filed by qualified designated entities with the 
consent of the applicant. 
(B) FARM SERVICE AGENCY OFFICES.—The 
Secretary, in consultation with the Secretary of 
Agriculture, shall establish a process for the fil-
ing of applications under this section at Farm 
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Service Agency offices throughout the United 
States. 
(4) EVIDENCE OF APPLICATION FILING.—As soon 
as practicable after receiving an application for cer-
tified agricultural worker status, the Secretary shall 
provide the applicant with a document acknowledging 
the receipt of such application. Such document shall 
serve as interim proof of the alien’s authorization to 
accept employment in the United States and shall be 
accepted by an employer as evidence of employment 
authorization under section 274A(b)(1)(C) of the Im-
migration 
and 
Nationality 
Act 
(8 
U.S.C. 
1324a(b)(1)(C)), pending a final administrative deci-
sion on the application. 
(5) EFFECT OF PENDING APPLICATION.—During 
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 re-
garding such application, the alien and any depend-
ents included in the application— 
(A) may apply for advance parole, which 
shall be granted upon demonstrating a legitimate 
need to travel outside the United States for a 
temporary purpose; 
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(B) may not be detained by the Secretary or 
removed from the United States unless the Sec-
retary makes a prima facie determination that 
such alien is, or has become, ineligible for cer-
tified agricultural worker status; 
(C) may not be considered unlawfully 
present under section 212(a)(9)(B) of the Immi-
gration 
and 
Nationality 
Act 
(8 
U.S.C. 
1182(a)(9)(B)); and 
(D) may not be considered an unauthorized 
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 appli-
cant to withdraw an application for certified agricul-
tural worker status under this subtitle, cease proc-
essing of the application, and close the case. With-
drawal of the application shall not prejudice any fu-
ture application filed by the applicant for any immi-
gration benefit under this Act or under the Immigra-
tion 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 
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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 Secretary 
shall provide the alien with— 
(A) written notice that describes the basis 
for ineligibility or the deficiencies in the evidence 
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 services 
under subsection (a)(1)(A), but is otherwise eligible for cer-
tified agricultural worker status under such subsection, 
shall be eligible for classification as a nonimmigrant de-
scribed 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 
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approval of a petition submitted by a sponsoring employer, 
if the alien has performed at least 575 hours (or 100 work 
days) of agricultural labor or services during the 3-year pe-
riod preceding the date of the introduction of this Act. The 
Secretary shall create a procedure to provide for such classi-
fication 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 ex-
tension 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; 
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(C) shall serve as a valid travel and entry 
document for purposes of applying for admission 
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 five and one-half years beginning on 
the date of approval. 
(4) TRAVEL
AUTHORIZATION.—An alien with 
certified agricultural worker or certified agricultural 
dependent status may— 
(A) travel within and outside of the United 
States, including commuting to the United 
States from a residence in a foreign country; and 
(B) be admitted to the United States upon 
return from travel abroad without first obtaining 
a visa if the alien is in possession of— 
(i) valid, unexpired documentary evi-
dence of certified agricultural worker or cer-
tified agricultural worker dependent status 
as described in subsection (a); or 
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(ii) a travel document that has been 
approved by the Secretary and was issued 
to the alien after the alien’s original docu-
mentary evidence was lost, stolen, or de-
stroyed. 
(b) ABILITY TO CHANGE STATUS.— 
(1) CHANGE
TO
CERTIFIED
AGRICULTURAL 
WORKER
STATUS.—Notwithstanding section 101(a), 
an alien with valid certified agricultural dependent 
status may apply to change to certified agricultural 
worker status, at any time, if the alien— 
(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 chang-
ing status to any other nonimmigrant classification 
for which the alien may be eligible. 
(c) PROHIBITION ON PUBLIC BENEFITS, TAX BENE-
FITS, AND HEALTH CARE SUBSIDIES.—Aliens granted cer-
tified agricultural worker or certified agricultural depend-
ent status shall be considered lawfully present in the United 
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States for all purposes for the duration of their status, ex-
cept that such aliens— 
(1) shall be ineligible for Federal means-tested 
public benefits to the same extent as other individuals 
who are not qualified aliens under section 431 of the 
Personal Responsibility and Work Opportunity Rec-
onciliation 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 Afford-
able 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 cer-
tified agricultural worker or certified agricultural de-
pendent status if, after providing notice to the alien 
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and the opportunity to provide evidence to contest the 
proposed revocation, the Secretary determines 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 ex-
tend certified agricultural worker status for addi-
tional periods of five and one-half years to an alien 
who submits a completed application, including the 
required processing 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 subsection (b), has 
performed agricultural labor or services in the 
United States for at least 575 hours (or 100 
work days) for each of the prior five years in 
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which the alien held certified agricultural worker 
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 Secretary 
may waive an alien’s failure to timely file before the 
expiration of the 120-day period described in para-
graph (1) if the alien demonstrates that the delay was 
due to extraordinary circumstances beyond 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 sta-
tus of the alien’s dependents) shall be automatically 
extended through the date on which the Secretary 
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makes a final administrative decision regarding such 
application. 
(2) DOCUMENTATION OF EMPLOYMENT AUTHOR-
IZATION.—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 employ-
ment authorization under section 274A(b)(1)(C) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1324a(b)(1)(C)), pending a final administrative deci-
sion 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 in-
eligibility or the deficiencies of the evidence submitted; 
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 continuous 
presence in the United States of an applicant for certified 
agricultural worker status under section 101 shall not ter-
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minate 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 PRESENCE.— 
(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 departed 
the United States for any period exceeding 90 days, 
or for any periods, in the aggregate, exceeding 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 SECRETARY.— 
Any period of travel outside of the United States by 
an alien that was authorized by the Secretary shall 
not be counted toward any period of departure from 
the United States under paragraph (1). 
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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.— 
(1) IN GENERAL.—If the Secretary determines, 
after notice and an opportunity for a hearing, that 
an employer of an alien with certified agricultural 
worker status has knowingly failed to provide the 
record of employment required under subsection (a), 
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 viola-
tion. 
(2) LIMITATION.—The penalty under paragraph 
(1) for failure to provide employment records shall 
not apply unless the alien has provided the employer 
with evidence of employment authorization described 
in section 102 or 103. 
(3) DEPOSIT OF CIVIL PENALTIES.—Civil pen-
alties collected under this paragraph shall be depos-
ited into the Immigration Examinations Fee Account 
under section 286(m) of the Immigration and Nation-
ality Act (8 U.S.C. 1356(m)). 
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SEC. 106. ADMINISTRATIVE AND JUDICIAL REVIEW. 
(a) ADMINISTRATIVE REVIEW.—The Secretary shall 
establish a process by which an applicant may seek admin-
istrative review of a denial of an application for certified 
agricultural worker status under this subtitle, an applica-
tion to extend such status, or a revocation of such status. 
(b) ADMISSIBILITY IN IMMIGRATION COURT.—Each 
record of an alien’s application for certified agricultural 
worker status under this subtitle, application to extend such 
status, revocation of such status, and each record created 
pursuant to the administrative review process under sub-
section (a) is admissible in immigration court, and shall 
be included in the administrative record. 
(c) JUDICIAL REVIEW.—Notwithstanding any other 
provision of law, judicial review of the Secretary’s decision 
to deny an application for certified agricultural worker sta-
tus, an application to extend such status, or the decision 
to revoke such status, 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). 
Subtitle B—Optional Earned 
Residence for Long-term Workers 
SEC. 111. OPTIONAL ADJUSTMENT OF STATUS FOR LONG- 
TERM AGRICULTURAL WORKERS. 
(a) REQUIREMENTS FOR ADJUSTMENT OF STATUS.— 
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(1) PRINCIPAL ALIENS.—The Secretary may ad-
just the status of an alien from that of a certified ag-
ricultural worker to that of a lawful permanent resi-
dent if the alien submits a completed application, in-
cluding the required processing and penalty fees, and 
the Secretary determines that— 
(A) except as provided in section 126(c), the 
alien performed agricultural labor or services for 
not less than 575 hours (or 100 work days) each 
year— 
(i) for at least 10 years prior to the 
date of the enactment of this Act and for at 
least 4 years in certified agricultural work-
er status; or 
(ii) for fewer than 10 years prior to 
the date of the enactment of this Act and for 
at least 8 years in certified agricultural 
worker status; and 
(B) the alien has not become ineligible for 
certified agricultural worker status under section 
101(b). 
(2) DEPENDENT ALIENS.— 
(A) IN
GENERAL.—The spouse and each 
child of an alien described in paragraph (1) 
whose status has been adjusted to that of a law-
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ful permanent resident may be granted lawful 
permanent residence under this subtitle if— 
(i) the qualifying relationship to the 
principal alien existed on the date on which 
such alien was granted adjustment of status 
under this subtitle; and 
(ii) the spouse or child is not ineligible 
for certified agricultural worker dependent 
status under section 101(b). 
(B) PROTECTIONS FOR SPOUSES AND CHIL-
DREN.—The Secretary of Homeland Security 
shall establish procedures to allow the spouse or 
child of a certified agricultural worker to self-pe-
tition for lawful permanent residence under this 
subtitle in cases involving— 
(i) the death of the certified agricul-
tural worker, so long as the spouse or child 
submits a petition not later than 2 years 
after the date of the worker’s death; or 
(ii) the spouse or a child being battered 
or subjected to extreme cruelty by the cer-
tified agricultural worker. 
(3) DOCUMENTATION
OF
WORK
HISTORY.—An 
applicant for adjustment of status under this section 
shall not be required to resubmit evidence of work his-
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tory that has been previously submitted to the Sec-
retary in connection with an approved extension of 
certified agricultural worker status. 
(b) PENALTY FEE.—In addition to any processing fee 
that the Secretary may assess in accordance with section 
122(b), a principal alien seeking adjustment of status under 
this subtitle shall pay a $1,000 penalty fee, which shall be 
deposited into the Immigration Examinations Fee Account 
pursuant to section 286(m) of the Immigration and Nation-
ality Act (8 U.S.C.1356(m)). 
(c) EFFECT OF PENDING APPLICATION.—During the 
period beginning on the date on which an alien applies for 
adjustment of 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 on the application— 
(1) may apply for advance parole, which shall be 
granted upon demonstrating a legitimate need to 
travel outside the United States for a temporary pur-
pose; 
(2) may not be detained by the Secretary or re-
moved from the United States unless the Secretary 
makes a prima facie determination that such alien is, 
or has become, ineligible for adjustment of status 
under subsection (a); 
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(3) may not be considered unlawfully present 
under section 212(a)(9)(B) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(9)(B)); and 
(4) may not be considered an unauthorized alien 
(as defined in section 274A(h)(3) of the Immigration 
and Nationality Act (8 U.S.C. 1324a(h)(3))). 
(d) EVIDENCE OF APPLICATION FILING.—As soon as 
practicable after receiving an application for adjustment of 
status under this subtitle, the Secretary shall provide the 
applicant with a document acknowledging the receipt of 
such application. Such document shall serve as interim 
proof of the alien’s authorization to accept employment in 
the United States and shall be accepted by an employer 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 administrative de-
cision on the application. 
(e) WITHDRAWAL
OF APPLICATION.—The Secretary 
shall, upon receipt of a request to withdraw an application 
for adjustment of 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 Immigration and Nationality Act (8 
U.S.C. 1101 et seq.). 
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SEC. 112. PAYMENT OF TAXES. 
(a) IN GENERAL.—An alien may not be granted ad-
justment of status under this subtitle unless the applicant 
has satisfied any applicable Federal tax liability. 
(b) COMPLIANCE.—An alien may demonstrate compli-
ance with subsection (a) by submitting such documentation 
as the Secretary, in consultation with the Secretary of the 
Treasury, may require by regulation. 
SEC. 113. ADJUDICATION AND DECISION; REVIEW. 
(a) IN GENERAL.—Subject to the requirements of sec-
tion 123, the Secretary shall render a decision on an appli-
cation for adjustment of status under this subtitle not later 
than 180 days after the date on which the application is 
filed. 
(b) NOTICE.—Prior to denying an application for ad-
justment of status under this subtitle, the Secretary shall 
provide the alien with— 
(1) written notice that describes the basis for in-
eligibility or the deficiencies of the evidence submitted; 
and 
(2) at least 90 days to contest ineligibility or 
submit additional evidence. 
(c) ADMINISTRATIVE REVIEW.—The Secretary shall es-
tablish a process by which an applicant may seek adminis-
trative review of a denial of an application for adjustment 
of status under this subtitle. 
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(d) JUDICIAL REVIEW.—Notwithstanding any other 
provision of law, an alien may seek judicial review of a 
denial of an application for adjustment of status under this 
title in an appropriate United States district court. 
Subtitle C—General Provisions 
SEC. 121. DEFINITIONS. 
In this title: 
(1) IN GENERAL.—Except as otherwise provided, 
any term used in this title that is used in the immi-
gration laws shall have the meaning given such term 
in the immigration laws (as such term is defined in 
section 101 of the Immigration and Nationality Act 
(8 U.S.C. 1101)). 
(2) AGRICULTURAL LABOR OR SERVICES.—The 
term ‘‘agricultural labor or services’’ means— 
(A) agricultural labor or services as such 
term is used in section 101(a)(15)(H)(ii) of the 
Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(H)(ii)), without regard to whether 
the labor or services are of a seasonal or tem-
porary nature; and 
(B) agricultural employment as such term 
is defined in section 3 of the Migrant and Sea-
sonal Agricultural Worker Protection Act (29 
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U.S.C. 1802), without regard to whether the spe-
cific service or activity is temporary or seasonal. 
(3) APPLICABLE FEDERAL TAX LIABILITY.—The 
term ‘‘applicable Federal tax liability’’ means all 
Federal income taxes assessed in accordance with sec-
tion 6203 of the Internal Revenue Code of 1986 begin-
ning on the date on which the applicant was author-
ized to work in the United States as a certified agri-
cultural worker. 
(4) APPROPRIATE
UNITED
STATES
DISTRICT 
COURT.—The term ‘‘appropriate United States dis-
trict court’’ means the United States District Court 
for the District of Columbia or the United States dis-
trict court with jurisdiction over the alien’s principal 
place of residence. 
(5) CHILD.—The term ‘‘child’’ has the meaning 
given such term in section 101(b)(1) of the Immigra-
tion and Nationality Act (8 U.S.C. 1101(b)(1)). 
(6) CONVICTED OR CONVICTION.—The term ‘‘con-
victed’’ or ‘‘conviction’’ does not include a judgment 
that has been expunged or set aside, that resulted in 
a rehabilitative disposition, or the equivalent. 
(7) EMPLOYER.—The term ‘‘employer’’ means 
any person or entity, including any labor contractor 
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or any agricultural association, that employs workers 
in agricultural labor or services. 
(8) QUALIFIED DESIGNATED ENTITY.—The term 
‘‘qualified designated entity’’ means— 
(A) a qualified farm labor organization or 
an association of employers designated by the 
Secretary; or 
(B) any other entity that the Secretary des-
ignates as having substantial experience, dem-
onstrated competence, and a history of long-term 
involvement in the preparation and submission 
of application for adjustment of status under 
title II of the Immigration and Nationality Act 
(8 U.S.C. 1151 et seq.). 
(9) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
(10) WORK DAY.—The term ‘‘work day’’ means 
any day in which the individual is employed 5.75 or 
more hours in agricultural labor or services. 
SEC. 122. RULEMAKING; FEES. 
(a) RULEMAKING.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary shall publish 
in the Federal Register, an interim final rule implementing 
this title. Notwithstanding section 553 of title 5, United 
States Code, the rule shall be effective, on an interim basis, 
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immediately upon publication, but may be subject to change 
and revision after public notice and opportunity for com-
ment. 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 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. 
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SEC. 123. 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 accordance 
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 de-
termines appropriate to conduct security and law enforce-
ment 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. 124. 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 
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the initial application for certified agricultural worker sta-
tus is filed with the Secretary of Homeland Security. 
(b) LIMITATION.—Subsection (a) shall apply for no 
more than 10 years after the date on which the initial ap-
plication for certified agricultural worker status is filed 
with the Secretary of Homeland Security. 
SEC. 125. LIMITATION ON REMOVAL. 
(a) IN GENERAL.—An alien who appears to be prima 
facie eligible for status under this title shall be given a rea-
sonable opportunity to apply for such status and shall not 
be placed in removal proceedings or removed from the 
United States until a final administrative decision estab-
lishing 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 pro-
ceedings, without prejudice, against an alien who appears 
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, 
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apply for status under this title. Such alien shall not be 
required to file a separate motion to reopen, reconsider, or 
vacate the order of removal. If the Secretary approves the 
application, the Secretary shall notify the Attorney General 
of such approval, and the Attorney General shall cancel the 
order of removal. If the Secretary renders a final adminis-
trative decision to deny the application, the order of re-
moval or permission to depart shall be effective and enforce-
able 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 sta-
tus under this title. 
SEC. 126. DOCUMENTATION OF AGRICULTURAL WORK HIS-
TORY. 
(a) BURDEN OF PROOF.—An alien applying for cer-
tified agricultural worker status under subtitle A or adjust-
ment of status under subtitle B shall provide evidence that 
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the alien has worked the requisite number of hours or days 
required under section 101, 103, or 111, as applicable. The 
Secretary shall establish special procedures to properly 
credit 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 evidence 
to show the extent of such employment as a matter of just 
and reasonable inference. Such evidence may include— 
(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) 
EXCEPTION
FOR
EXTRAORDINARY
CIR-
CUMSTANCES.— 
(1) IN GENERAL.—In determining whether an 
alien has met the requirement under section 
103(a)(1)(A) or 111(a)(1)(A), the Secretary may cred-
it the alien with not more than 575 hours (or 100 
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work days) of agricultural labor or services in the 
United States if the alien was unable to perform the 
required agricultural labor or services due to— 
(A) pregnancy, illness, disease, disabling in-
jury, 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 prevented 
the alien from engaging in agricultural labor or 
services; or 
(D) 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. 
(2) EFFECT OF DETERMINATION.—A determina-
tion under paragraph (1)(D) shall not be conclusive, 
binding, or admissible in a separate or subsequent ju-
dicial or administrative action or proceeding between 
the alien and a current or prior employer of the alien 
or any other party. 
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SEC. 127. EMPLOYER PROTECTIONS. 
(a) CONTINUING EMPLOYMENT.—An employer that 
continues to employ an alien knowing that the alien intends 
to apply for certified agricultural worker status under sub-
title A shall not violate section 274A(a)(2) of the Immigra-
tion and Nationality Act (8 U.S.C. 1324a(a)(2)) by con-
tinuing to employ the alien for the duration of the applica-
tion period under section 101(c), and with respect to an 
alien who applies for certified agricultural 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 provided 
by an alien or by an alien’s employer in support of an 
alien’s application for certified agricultural worker or ad-
justment 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 
of 1986 for the prior unlawful employment of that alien 
regardless of the outcome of such application. 
(c) ADDITIONAL PROTECTIONS.—Employers that pro-
vide unauthorized aliens with copies of employment records 
or other evidence of employment in support of an applica-
tion for certified agricultural worker status or adjustment 
of status under this title shall not be subject to civil and 
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criminal liability pursuant to such section 274A for em-
ploying such unauthorized aliens. Records or other evidence 
of employment provided by employers in response to a re-
quest for such records for the purpose of establishing eligi-
bility for status under this title may not be used for any 
purpose other than establishing such eligibility. 
(d) LIMITATION ON PROTECTION.—The protections for 
employers under this section shall not apply if the employer 
provides employment records to the alien that are deter-
mined to be fraudulent. 
SEC. 128. CORRECTION OF SOCIAL SECURITY RECORDS. 
(a) IN GENERAL.—Section 208(e)(1) of the Social Se-
curity 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 certified agricultural worker 
status, certified agricultural dependent status, or law-
ful permanent resident status under title I of the 
Farm Work Modernization Act of 2019,’’; and 
(4) in the undesignated matter following sub-
paragraph (D), as added by paragraph (3), by strik-
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(7) the number of principal aliens included in 
petitions described in section 101(e), and the number 
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. 134. GRANT PROGRAM TO ASSIST ELIGIBLE APPLI-
CANTS. 
(a) ESTABLISHMENT.—The Secretary shall establish a 
program to award grants, on a competitive basis, to eligible 
nonprofit organizations to assist eligible applicants under 
this title by providing them with the services described in 
subsection (c). 
(b) ELIGIBLE NONPROFIT ORGANIZATION.—For pur-
poses of this section, the term ‘‘eligible nonprofit organiza-
tion’’ means an organization described in section 501(c)(3) 
of the Internal Revenue Code of 1986 (excluding 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 qual-
ity services to farm workers or aliens. 
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(c) USE OF FUNDS.—Grant funds awarded under this 
section may be used for the design and implementation of 
programs that provide— 
(1) information to the public regarding the eligi-
bility and benefits of certified agricultural worker sta-
tus 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 sta-
tus or adjustment of status under this title, includ-
ing— 
(A) screening prospective applicants to as-
sess their eligibility for such status; 
(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 ap-
propriated to carry out this section, the Secretary may use 
up to $10,000,000 from the Immigration Examinations Fee 
Account under section 286(m) of the Immigration and Na-
tionality Act (8 U.S.C. 1356(m)) to carry out this section. 
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