I 
109TH CONGRESS 
1ST SESSION 
H. R. 884 
To provide for the adjustment of status of certain foreign agricultural work-
ers, to amend the Immigration and Nationality Act to reform the H– 
2A worker program under that Act, to provide a stable, legal agricultural 
workforce, to extend basic legal protections and better working conditions 
to more workers, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 17, 2005 
Mr. CANNON (for himself, Mr. BERMAN, Mr. RADANOVICH, Mr. PETERSON of 
Minnesota, Mr. PUTNAM, Mr. REYES, Mr. LINCOLN DIAZ-BALART of 
Florida, Ms. JACKSON-LEE of Texas, Mr. LAHOOD, Mr. COSTA, Mr. 
NUNES, Ms. HOOLEY, Mr. MARIO DIAZ-BALART of Florida, Mr. MCGOV-
ERN, Ms. SOLIS, and Mr. REYNOLDS) introduced the following bill; which 
was referred to the Committee on the Judiciary 
A BILL 
To provide for the adjustment of status of certain foreign 
agricultural workers, to amend the Immigration and Na-
tionality Act to reform the H–2A worker program under 
that Act, to provide a stable, legal agricultural workforce, 
to extend basic legal protections and better working con-
ditions to more workers, and for other purposes. 
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 2005’’. 
(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—ADJUSTMENT TO LAWFUL STATUS 
Sec. 101. Agricultural workers. 
Sec. 102. Correction of Social Security records. 
TITLE II—REFORM OF H–2A WORKER PROGRAM 
Sec. 201. Amendment to the Immigration and Nationality Act. 
TITLE III—MISCELLANEOUS PROVISIONS 
Sec. 301. Determination and use of user fees. 
Sec. 302. Regulations. 
Sec. 303. 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 
(26 U.S.C. 3121(g)). For purposes of this para-
graph, agricultural employment includes employment 
under section 101(a)(15)(H)(ii)(a) of the Immigra-
tion 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(H)(ii)(a)). 
(2) 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. 
(3) JOB OPPORTUNITY.—The term ‘‘job oppor-
tunity’’ means a job opening for temporary full-time 
employment at a place in the United States to which 
United States workers can be referred. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
(5) TEMPORARY.—A worker is employed on a 
‘‘temporary’’ basis where the employment is in-
tended not to exceed 10 months. 
(6) UNITED
STATES
WORKER.—The term 
‘‘United States worker’’ means any worker, whether 
a United States citizen or national, a lawfully admit-
ted permanent resident alien, or any other alien, 
who is authorized to work in the job opportunity 
within the United States, except an alien admitted 
or 
otherwise 
provided 
status 
under 
section 
101(a)(15)(H)(ii)(a) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)).
(7) WORK DAY.—The term ‘‘work day’’ means 
any day in which the individual is employed 1 or 
more hours in agriculture consistent with the defini-
tion of ‘‘man-day’’ under section 3(u) of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 203(u)). 
TITLE I—ADJUSTMENT TO 
LAWFUL STATUS 
SEC. 101. AGRICULTURAL WORKERS. 
(a) TEMPORARY RESIDENT STATUS.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Secretary shall confer upon an 
alien who qualifies under this subsection the status 
of an alien lawfully admitted for temporary residence 
if the Secretary determines that the alien— 
(A) has performed agricultural employment 
in the United States for at least 575 hours or 
100 work days, whichever is less, during any 12 
consecutive months during the 18-month period 
ending on December 31, 2004; 
(B) 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 enactment of this Act; and 
(C) is otherwise admissible to the United 
States under section 212 of the Immigration
and Nationality Act (8 U.S.C. 1182), except as 
otherwise provided under subsection (e)(2). 
(2) AUTHORIZED TRAVEL.—During the period 
an alien is in lawful temporary resident status 
granted under this subsection, the alien has the 
right to travel abroad (including commutation from 
a residence abroad) in the same manner as an alien 
lawfully admitted for permanent residence. 
(3) AUTHORIZED
EMPLOYMENT.—During the 
period an alien is in lawful temporary resident sta-
tus granted under this subsection, the alien shall be 
provided an ‘‘employment authorized’’ endorsement 
or other appropriate work permit, in the same man-
ner as an alien lawfully admitted for permanent resi-
dence. 
(4) TERMINATION
OF
TEMPORARY
RESIDENT 
STATUS.— 
(A) IN GENERAL.—During the period of 
temporary resident status granted an alien 
under this subsection, the Secretary may termi-
nate such status only upon a determination 
under this Act that the alien is deportable. 
(B) GROUNDS FOR TERMINATION OF TEM-
PORARY RESIDENT STATUS.—Before any alien 
becomes eligible for adjustment of status under
subsection (c), the Secretary may deny adjust-
ment to permanent resident status and provide 
for termination of the temporary resident status 
granted such alien under paragraph (1) 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 as an immigrant, except as 
provided under subsection (e)(2); or 
(II) is convicted of a felony or 3 
or more misdemeanors committed in 
the United States. 
(5) RECORD OF EMPLOYMENT.— 
(A) IN
GENERAL.—Each employer of a 
worker granted status under this subsection 
shall annually— 
(i) provide a written record of employ-
ment to the alien; and