(ii) provide a copy of such record to 
the Secretary. 
(B) SUNSET.—The obligation under sub-
paragraph (A) shall terminate on the date that 
is 6 years after the date of enactment of this 
Act. 
(b) RIGHTS OF ALIENS GRANTED TEMPORARY RESI-
DENT STATUS.— 
(1) IN
GENERAL.—Except as otherwise pro-
vided in this subsection, an alien who acquires the 
status of an alien lawfully admitted for temporary 
residence under subsection (a), such status not hav-
ing changed, shall be considered to be an alien law-
fully admitted for permanent residence for purposes 
of any law other than any provision of the Immigra-
tion and Nationality Act (8 U.S.C. 1101 et seq.). 
(2) DELAYED ELIGIBILITY FOR CERTAIN FED-
ERAL PUBLIC BENEFITS.—An alien who acquires the 
status of an alien lawfully admitted for temporary 
residence under subsection (a) as described in para-
graph (1) shall not be eligible, by reason of such ac-
quisition of that status, for any form of assistance 
or benefit described in section 403(a) of the Per-
sonal Responsibility and Work Opportunity Rec-
onciliation Act of 1996 (8 U.S.C. 1613(a)) until 5
years after the date on which the Secretary confers 
temporary resident status upon that alien under 
subsection (a). 
(3) TERMS
OF
EMPLOYMENT
RESPECTING 
ALIENS ADMITTED UNDER THIS SECTION.— 
(A) PROHIBITION.—No alien granted tem-
porary resident status under subsection (a) may 
be terminated from employment by any em-
ployer during the period of temporary resident 
status except for just cause. 
(B) TREATMENT OF COMPLAINTS.— 
(i) ESTABLISHMENT
OF
PROCESS.— 
The Secretary shall establish a process for 
the receipt, initial review, and disposition 
in accordance with this subparagraph of 
complaints by aliens granted temporary 
resident status under subsection (a) who 
allege that they have been terminated with-
out just cause. No proceeding shall be con-
ducted under this subparagraph with re-
spect to a termination unless the Secretary 
determines that the complaint was filed 
not later than 6 months after the date of 
the termination.
(ii) INITIATION OF ARBITRATION.—If 
the Secretary finds that a complaint has 
been filed in accordance with clause (i) and 
there is reasonable cause to believe that 
the complainant was terminated without 
just cause, the Secretary shall initiate 
binding arbitration proceedings by request-
ing the Federal Mediation and Conciliation 
Service to appoint a mutually agreeable ar-
bitrator from the roster of arbitrators 
maintained by such Service for the geo-
graphical area in which the employer is lo-
cated. The procedures and rules of such 
Service shall be applicable to the selection 
of such arbitrator and to such arbitration 
proceedings. The Secretary shall pay the 
fee and expenses of the arbitrator, subject 
to the availability of appropriations for 
such purpose. 
(iii) ARBITRATION
PROCEEDINGS.— 
The arbitrator shall conduct the pro-
ceeding in accordance with the policies and 
procedures promulgated by the American 
Arbitration Association applicable to pri-
vate arbitration of employment disputes.
The arbitrator shall make findings respect-
ing whether the termination was for just 
cause. The arbitrator may not find that 
the termination was for just cause unless 
the employer so demonstrates by a prepon-
derance of the evidence. If the arbitrator 
finds that the termination was not for just 
cause, the arbitrator shall make a specific 
finding of the number of days or hours of 
work lost by the employee as a result of 
the termination. The arbitrator shall have 
no authority to order any other remedy, in-
cluding, but not limited to, reinstatement, 
back pay, or front pay to the affected em-
ployee. Within 30 days from the conclusion 
of the arbitration proceeding, the arbi-
trator shall transmit the findings in the 
form of a written opinion to the parties to 
the arbitration and the Secretary. Such 
findings shall be final and conclusive, and 
no official or court of the United States 
shall have the power or jurisdiction to re-
view any such findings. 
(iv) EFFECT OF ARBITRATION FIND-
INGS.—If the Secretary receives a finding
of an arbitrator that an employer has ter-
minated an alien granted temporary resi-
dent status under subsection (a) without 
just cause, the Secretary shall credit the 
alien for the number of days or hours of 
work lost for purposes of the requirement 
of subsection (c)(1). 
(v) 
TREATMENT
OF
ATTORNEY’S 
FEES.—The parties shall bear the cost of 
their own attorney’s fees involved in the 
litigation of the complaint. 
(vi) NONEXCLUSIVE
REMEDY.—The 
complaint process provided for in this sub-
paragraph is in addition to any other 
rights an employee may have in accordance 
with applicable law. 
(vii) EFFECT ON OTHER ACTIONS OR 
PROCEEDINGS.—Any finding of fact or 
law, judgment, conclusion, or final order 
made by an arbitrator in the proceeding 
before the Secretary shall not be conclusive 
or binding in any separate or subsequent 
action or proceeding between the employee 
and the employee’s current or prior em-
ployer brought before an arbitrator, admin-
istrative agency, court, or judge of any 
State or the United States, regardless of 
whether the prior action was between the 
same or related parties or involved the 
same facts, except that the arbitrator’s 
specific finding of the number of days or 
hours of work lost by the employee as a re-
sult of the employment termination may be 
referred to the Secretary pursuant to 
clause (iv). 
(C) CIVIL PENALTIES.— 
(i) IN
GENERAL.—If the Secretary 
finds, after notice and opportunity for a 
hearing, that an employer of an alien 
granted temporary resident status under 
subsection (a) has failed to provide the 
record of employment required under sub-
section (a)(5) or has provided a false state-
ment of material fact in such a record, the 
employer shall be subject to a civil money 
penalty in an amount not to exceed $1,000 
per violation. 
(ii) LIMITATION.—The penalty appli-
cable under clause (i) for failure to provide 
records shall not apply unless the alien has
provided the employer with evidence of em-
ployment authorization granted under this 
section. 
(c) ADJUSTMENT TO PERMANENT RESIDENCE.— 
(1) AGRICULTURAL WORKERS.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the Secretary shall adjust 
the status of an alien granted lawful temporary 
resident status under subsection (a) to that of 
an alien lawfully admitted for permanent resi-
dence if the Secretary determines that the fol-
lowing requirements are satisfied: 
(i) QUALIFYING
EMPLOYMENT.—The 
alien has performed at least 360 work days 
or 2,060 hours, but in no case less than 
2,060 hours, of agricultural employment in 
the United States, during the 6-year period 
beginning after the date of enactment of 
this Act. 
(ii) QUALIFYING
YEARS.—The alien 
has performed at least 75 work days or 
430 hours, but in no case less than 430 
hours, of agricultural employment in the 
United States in at least 3 nonoverlapping 
periods of 12 consecutive months during
the 6-year period beginning after the date 
of enactment of this Act. Qualifying peri-
ods under this clause may include non-
consecutive 12-month periods. 
(iii) QUALIFYING
WORK
IN
FIRST
YEARS.—The alien has performed at least 
240 work days or 1,380 hours, but in no 
case less than 1,380 hours, of agricultural 
employment during the 3-year period be-
ginning after the date of enactment of this 
Act. 
(iv) APPLICATION PERIOD.—The alien 
applies for adjustment of status not later 
than 7 years after the date of enactment 
of this Act. 
(v) PROOF.—In meeting the require-
ments of clauses (i), (ii), and (iii), an alien 
may submit the record of employment de-
scribed in subsection (a)(5) or such docu-
mentation as may be submitted under sub-
section (d)(3). 
(vi) 
DISABILITY.—In 
determining 
whether an alien has met the requirements 
of clauses (i), (ii), and (iii), the Secretary 
shall credit the alien with any work days
lost because the alien was unable to work 
in agricultural employment due to injury 
or disease arising out of and in the course 
of the alien’s agricultural employment, if 
the alien can establish such disabling in-
jury or disease through medical records. 
(B) GROUNDS
FOR
DENIAL
OF
ADJUST-
MENT OF STATUS.—The Secretary may deny an 
alien adjustment to permanent resident status, 
and provide for termination of the temporary 
resident status granted such alien under sub-
section (a), if— 
(i) the Secretary finds by a prepon-
derance of the evidence that the adjust-
ment to temporary resident status was the 
result of fraud or willful misrepresentation, 
as described in section 212(a)(6)(C)(i) of 
the Immigration and Nationality Act (8 
U.S.C. 1182(a)(6)(C)(i)); or 
(ii) the alien— 
(I) commits an act that makes 
the alien inadmissible to the United 
States under section 212 of the Immi-
gration and Nationality Act (8 U.S.C.
1182), except as provided under sub-
section (e)(2); or 
(II) is convicted of a felony or 3 
or more misdemeanors committed in 
the United States. 
(C) GROUNDS FOR REMOVAL.—Any alien 
granted temporary resident status under sub-
section (a) who does not apply for adjustment 
of status under this subsection before the expi-
ration of the application period described in 
subparagraph (A)(iv), or who fails to meet the 
other requirements of subparagraph (A) by the 
end of the applicable period, is deportable and 
may be removed under section 240 of the Immi-
gration and Nationality Act (8 U.S.C. 1229a). 
The Secretary shall issue regulations estab-
lishing grounds to waive subparagraph (A)(iii) 
with respect to an alien who has completed at 
least 200 days of the work requirement speci-
fied in such subparagraph in the event of a nat-
ural disaster which substantially limits the 
availability of agricultural employment or a per-
sonal emergency that prevents compliance with 
such subparagraph. 
(2) SPOUSES AND MINOR CHILDREN.—