I 
111TH CONGRESS 
1ST SESSION H. R. 2414 
To improve agricultural job opportunities, benefits, and security for aliens 
in the United States, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 14, 2009 
Mr. BERMAN (for himself, Mr. PUTNAM, Mr. PETERSON, Mr. RYAN of Wis-
consin, Mr. BOYD, Mr. RADANOVICH, Mr. COSTA, Mr. MCHUGH, Mr. 
BISHOP
of Georgia, Mr. LINCOLN
DIAZ-BALART
of Florida, Mr. 
CUELLAR, Mr. LEE of New York, Mr. THOMPSON of California, Mr. 
MARIO DIAZ-BALART of Florida, Mr. PERRIELLO, Mr. REHBERG, Mr. 
MASSA, Mr. GUTIERREZ, Mr. GRIJALVA, Mr. FARR, Ms. ZOE LOFGREN 
of California, Mr. SABLAN, Mr. CARDOZA, Mr. HASTINGS of Florida, Mr. 
FLAKE, Mr. NUNES, and Ms. ROS-LEHTINEN) introduced the following 
bill; which was referred to the Committee on the Judiciary 
A BILL 
To improve agricultural job opportunities, benefits, and secu-
rity for aliens in the United States, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE, TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Agricultural Job Opportunities, Benefits, and Security 
Act of 2009’’ or the ‘‘AgJOBS Act of 2009’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title, table of contents. 
Sec. 2. Definitions. 
TITLE I—PILOT PROGRAM FOR EARNED STATUS ADJUSTMENT 
OF AGRICULTURAL WORKERS 
Subtitle A—Blue Card Status 
Sec. 101. Requirements for blue card status. 
Sec. 102. Treatment of aliens granted blue card status. 
Sec. 103. Adjustment to permanent residence. 
Sec. 104. Applications. 
Sec. 105. Waiver of numerical limitations and certain grounds for inadmis-
sibility. 
Sec. 106. Administrative and judicial review. 
Sec. 107. Use of information. 
Sec. 108. Regulations, effective date, authorization of appropriations. 
Subtitle B—Correction of Social Security Records 
Sec. 111. Correction of Social Security records. 
TITLE II—REFORM OF H–2A WORKER PROGRAM 
Sec. 201. Amendments to the Immigration and Nationality Act. 
TITLE III—MISCELLANEOUS PROVISIONS 
Sec. 301. Determination and use of user fees. 
Sec. 302. Regulations. 
Sec. 303. Reports to Congress. 
Sec. 304. Effective date. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) AGRICULTURAL
EMPLOYMENT.—The term 
‘‘agricultural employment’’ means any service or ac-
tivity that is considered to be agricultural under sec-
tion 3(f) of the Fair Labor Standards Act of 1938 
(29 U.S.C. 203(f)) or agricultural labor under sec-
tion 3121(g) of the Internal Revenue Code of 1986 
or the performance of agricultural labor or services 
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described in section 101(a)(15)(H)(ii)(a) of the Im-
migration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(H)(ii)(a)). 
(2) BLUE CARD STATUS.—The term ‘‘blue card 
status’’ means the status of an alien who has been 
lawfully admitted into the United States for tem-
porary residence under section 101(a). 
(3) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Homeland Security. 
(4) EMPLOYER.—The term ‘‘employer’’ means 
any person or entity, including any farm labor con-
tractor and any agricultural association, that em-
ploys workers in agricultural employment. 
(5) SECRETARY.—Except as otherwise provided, 
the term ‘‘Secretary’’ means the Secretary of Home-
land Security. 
(6) WORK DAY.—The term ‘‘work day’’ means 
any day in which the individual is employed 5.75 or 
more hours in agricultural employment. 
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TITLE I—PILOT PROGRAM FOR 
EARNED 
STATUS 
ADJUST-
MENT 
OF 
AGRICULTURAL 
WORKERS 
Subtitle A—Blue Card Status 
SEC. 101. REQUIREMENTS FOR BLUE CARD STATUS. 
(a) REQUIREMENT TO GRANT BLUE CARD STA-
TUS.—Notwithstanding any other provision of law, the 
Secretary shall, pursuant to the requirements of this sec-
tion, grant blue card status to an alien who qualifies under 
this section if the Secretary determines that the alien— 
(1) during the 24-month period ending on De-
cember 31, 2008— 
(A) performed agricultural employment in 
the United States for at least 863 hours or 150 
work days; or 
(B) earned at least $7,500 from agricul-
tural employment in the United States; 
(2) applied for such status during the 18-month 
application period beginning on the first day of the 
seventh month that begins after the date of enact-
ment of this Act; 
(3) is otherwise admissible to the United States 
under section 212 of the Immigration and Nation-
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ality Act (8 U.S.C. 1182), except as otherwise pro-
vided under section 105(b); and 
(4) has not been convicted of any felony or a 
misdemeanor, an element of which involves bodily in-
jury, threat of serious bodily injury, or harm to 
property in excess of $500. 
(b) AUTHORIZED TRAVEL.—An alien who is granted 
blue card status is authorized to travel outside the United 
States (including commuting to the United States from 
a residence in a foreign country) in the same manner as 
an alien lawfully admitted for permanent residence. 
(c) AUTHORIZED
EMPLOYMENT.—The Secretary 
shall provide an alien who is granted blue card status an 
employment authorized endorsement or other appropriate 
work permit, in the same manner as an alien lawfully ad-
mitted for permanent residence. 
(d) TERMINATION OF BLUE CARD STATUS.— 
(1) DEPORTABLE ALIENS.—The Secretary shall 
terminate blue card status granted to an alien if the 
Secretary determines that the alien is deportable. 
(2) OTHER GROUNDS FOR TERMINATION.—The 
Secretary shall terminate blue card status granted to 
an alien if— 
(A) the Secretary finds, by a preponder-
ance of the evidence, that the adjustment to 
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