362 
(B) is the spouse of a United States citizen 
or lawful permanent resident; 
(C) is a child 21 years of age or younger 
of a United States citizen or lawful permanent 
resident; or 
(D) has been physically present in the 
United States for a continuous period of not 
less than 5 years immediately preceding the 
date of enactment of this Act, and had not yet 
reached the age of 16 years at the time of ini-
tial entry and had not yet reached the age of 
35 years on the date of the enactment of this 
Act. 
(3) DEFINITIONS.—In this subtitle: 
(A) 
INSTITUTION
OF
HIGHER
EDU-
CATION.—The term ‘‘institution of higher edu-
cation’’ has the meaning given that term in sec-
tion 101 of the Higher Education Act of 1965 
(20 U.S.C. 1001). 
(B) UNIFORMED
SERVICES.—The term 
‘‘uniformed services’’ has the meaning given 
that term in section 101(a) of title 10, United 
States Code. 
(f) SPECIAL RULE FOR SPOUSES AND CHILDREN.— 
Notwithstanding any other provision of law, the Secretary 
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363 
shall classify the spouse or child of a conditional non-
immigrant as a conditional nonimmigrant dependent, or 
provide the spouse or child with a conditional non-
immigrant dependent visa if— 
(1) the spouse or child is not otherwise inadmis-
sible to the United States as described in subsection 
(d); 
(2) in the case of a child, was 21 years of age 
or younger on the date of enactment of this Act; or 
(3) in the case of a spouse, was married to the 
conditional nonimmigrant on or before the date of 
enactment and is married at the time of the applica-
tion; 
(4) except that the spouse or child of an alien 
who was subsequently classified as a conditional 
nonimmigrant under this Act may apply for classi-
fication as a conditional nonimmigrant if the spousal 
or parental relationship has terminated and— 
(A) the termination of the relationship 
with such spouse or parent was connected to 
domestic violence; and 
(B) the spouse or child has been battered 
or subjected to extreme cruelty by the spouse or 
parent who is a conditional nonimmigrant. 
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364 
(g) APPLICATION PROCEDURES, FEE
AND PEN-
ALTY.— 
(1) APPLICATION PROCEDURES.—For purposes 
of establishing enrollment in this program, an appli-
cation shall be considered complete if it includes ap-
propriate biometric data, applicable fees, penalties 
through fines, and answers fully and completely all 
questions attesting to eligibility as described in sub-
sections (a) through (f). The Secretary may require 
evidence upon initial submission of the application 
sufficient to establish prima facie eligibility for con-
ditional nonimmigrant or conditional nonimmigrant 
dependent status. The Secretary may, at his or her 
discretion, require additional evidence or an inter-
view to make a final determination that an alien has 
established eligibility for classification. 
(2) APPLICATION FEE AND PENALTY.— 
(A) APPLICATION
FEE.—The Secretary 
shall impose a fee for filing an application 
under this section. Such fee shall be sufficient 
to cover the administrative and other expenses 
incurred in connection with the review of such 
applications. 
(B) PENALTY.— 
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365 
(i) IN GENERAL.—Except as provided 
under clause (ii), an alien filing an applica-
tion under this section shall submit to the 
Secretary, in addition to the fee required 
under subparagraph (A), a fine of $500. 
(ii) EXCEPTION.—An alien who is 
classified as a conditional nonimmigrant 
who qualifies for classification based on the 
exemption in subsection (e)(2)(D) or a 
conditional nonimmigrant dependent be-
cause he or she was younger than 21 years 
of age on the date of enactment of this Act 
shall not be required to pay a fine under 
this paragraph. 
(C) DISPOSITION OF FEES AND FINES.— 
(i) FEES.—Fees collected under this 
paragraph shall be deposited into the Im-
migration Examination Fee Account and 
remain available as provided under sub-
sections (m) and (n) of section 286 of the 
Immigration and Nationality Act (8 U.S.C. 
1356). 
(ii) FINES.—Fines collected under 
this paragraph shall be deposited into the 
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366 
Security and Prosperity Account estab-
lished under section 286(w) of such Act. 
(h) TREATMENT OF APPLICANTS.— 
(1) IN GENERAL.—An alien who files an appli-
cation under this section to become a conditional 
nonimmigrant or a conditional nonimmigrant de-
pendent shall be considered enrolled in the program 
pursuant to subsection (a)(2) until such time as a 
final determination is made on the application for 
classification. Following submission of biometric 
data pursuant to subsection (b) and successful clear-
ance of the Secretary’s security and criminal back-
ground checks, a registered alien— 
(A) shall be granted employment author-
ization pending final adjudication of the alien’s 
application; 
(B) shall be granted permission to travel 
abroad; 
(C) may not be detained for immigration 
purposes, determined inadmissible or deport-
able, or removed pending final adjudication of 
the alien’s application, unless the alien, due to 
subsequent conduct or criminal conviction, be-
comes ineligible for conditional nonimmigrant 
classification; and 
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367 
(D) may not be considered an unauthor-
ized alien (as defined in section 274A(h)(3) of 
the Immigration and Nationality Act (8 U.S.C. 
1324a(h)(3))) until employment authorization 
under subparagraph (A) is denied. 
(2) DOCUMENT OF AUTHORIZATION.—The Sec-
retary shall provide each alien described in para-
graph (1) with a counterfeit-resistant document of 
authorization that— 
(A) meets all current requirements estab-
lished by the Secretary for travel documents, in-
cluding the requirements under section 403 of 
the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1324a 
note); and 
(B) reflects the benefits and status set 
forth in paragraph (1). 
(3) BEFORE APPLICATION PERIOD.—If an alien 
is apprehended between the date of the enactment of 
this Act and the date on which the alien files an ap-
plication under this section, and the alien can estab-
lish prima facie eligibility as a conditional non-
immigrant or a conditional nonimmigrant dependent, 
the alien shall not be detained and the Secretary 
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368 
shall provide the alien with a reasonable opportunity 
to file an application under this section. 
(4) DURING CERTAIN PROCEEDINGS.—Notwith-
standing any provision of the Immigration and Na-
tionality Act, if an immigration judge determines 
that an alien who is in removal proceedings has 
made a prima facie case of eligibility for classifica-
tion as a conditional nonimmigrant or a conditional 
nonimmigrant dependent, the judge shall adminis-
tratively close such proceedings and permit the alien 
a reasonable opportunity to apply for such classifica-
tion. 
(5) RELATIONSHIPS OF APPLICATION TO CER-
TAIN ORDERS.— 
(A) IN GENERAL.—An alien who is present 
in the United States and has been ordered ex-
cluded, deported, removed, or ordered to depart 
voluntarily from the United States under any 
provision of the Immigration and Nationality 
Act— 
(i) notwithstanding such order, may 
apply for classification as a conditional 
nonimmigrant or conditional nonimmigrant 
dependent under this subtitle; 
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369 
(ii) shall not be required to file a sep-
arate motion to reopen, reconsider, or va-
cate the exclusion, deportation, removal, or 
voluntary departure order; and 
(iii) the filing of an application for 
conditional nonimmigrant or conditional 
nonimmigrant dependent status shall stay 
the removal of the alien pending final adju-
dication of the application, unless the re-
moval or detainment of the alien is based 
on criminal or national security-related 
grounds that would render the alien ineli-
gible under this section. 
(B) APPLICATION GRANTED.—If the Sec-
retary grants the application described in sub-
paragraph (A)(i), the Secretary shall cancel the 
order described in subparagraph (A). 
(C) APPLICATION
DENIED.—If the Sec-
retary renders a final administrative decision to 
deny the application described in subparagraph 
(A)(i), the order described in subparagraph (A) 
shall be effective and enforceable to the same 
extent as if the application had not been made. 
(i) CLASSIFICATION.— 
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370 
(1) BENEFITS AND DOCUMENTATION.—If the 
Secretary determines that an alien is eligible for 
classification as a conditional nonimmigrant or con-
ditional nonimmigrant dependent, the alien shall be 
entitled to all benefits described in subsection (h)(1). 
The Secretary may authorize the use of a document 
described in subsection (h)(2) as evidence of such 
classification or may issue additional documentation 
as evidence of classification as a conditional non-
immigrant or conditional nonimmigrant dependent. 
(2) PERIOD OF AUTHORIZED STAY.— 
(A) IN
GENERAL.—Except as provided 
under subparagraph (C), the period of author-
ized stay for a conditional nonimmigrant or a 
conditional nonimmigrant dependent shall be 6 
years from the date on which such status is 
conferred. 
(B) EXTENSION.—The Secretary may ex-
tend the period described in subparagraph (A) 
in additional 5-year increments provided that 
the alien continues to meet the requirements of 
this section. 
(j) TERMINATION OF BENEFITS.— 
(1) IN GENERAL.—Any benefit provided to an 
alien seeking classification as a conditional non-
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371 
immigrant or conditional nonimmigrant dependent, 
or who is classified as such, under this section shall 
terminate if— 
(A) the Secretary determines that the alien 
is ineligible for such classification and all review 
procedures under section 603 have been ex-
hausted or waived by the alien; 
(B) the alien has used documentation 
issued under this section for unlawful or fraud-
ulent purposes; or 
(C) in the case of the spouse or child of an 
alien applying for classification as a conditional 
nonimmigrant or classified as a conditional non-
immigrant under this section, the benefits for 
the principal alien are terminated unless bene-
fits are terminated due to the death of the prin-
cipal applicant; provided that the spouse or 
child shall be given a reasonable opportunity to 
apply independently for classification under this 
section. 
(k) DISSEMINATION OF INFORMATION ON CONDI-
TIONAL
NONIMMIGRANT
PROGRAM.—During the 12- 
month period immediately following the issuance of regu-
lations implementing this section, the Secretary, in co-
operation with entities approved by the Secretary, shall 
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372 
broadly disseminate information respecting conditional 
nonimmigrant or conditional nonimmigrant dependent 
classification under this section and the requirements to 
be satisfied to obtain such classification. The Secretary 
shall disseminate information to employers and labor 
unions to advise them of the rights and protections avail-
able to them and to workers who file applications under 
this section. Such information shall be broadly dissemi-
nated, in the principal languages, as determined by the 
Secretary, spoken by aliens who would qualify for classi-
fication under this section, including to television, radio, 
and print media to which such aliens would have access. 
(l) CONSTRUCTION CLAUSE.—Nothing in this sub-
section shall be construed to prevent an alien described 
in this section from filing an application for an immigra-
tion benefit in accordance with any other provision of law. 
SEC. 402. ADJUSTMENT OF STATUS FOR CONDITIONAL 
NONIMMIGRANTS. 
(a) REQUIREMENTS.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, including section 244(h) of the Im-
migration and Nationality Act (8 U.S.C. 1254a(h)), 
the Secretary may adjust the status of a conditional 
nonimmigrant or a conditional nonimmigrant de-
pendent to that of an alien lawfully admitted for 
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373 
permanent residence if the conditional nonimmigrant 
or conditional nonimmigrant dependent satisfies the 
applicable requirements under this subsection. 
(2) FULFILLMENT OF CONDITIONAL REQUIRE-
MENTS.—A conditional nonimmigrant applying for 
adjustment of status under this section shall estab-
lish that during the 5-year period immediately pre-
ceding the application for adjustment of status, he 
or she has fulfilled the requirements of the alien’s 
conditional status by demonstrating that the alien— 
(A) has not been convicted of any offenses 
that would render the alien inadmissible as de-
scribed in subsection (b); 
(B) has satisfied all past or current Fed-
eral income tax liabilities and is in good stand-
ing with the Internal Revenue Service as de-
scribed in subsection (c); 
(C) can establish that he or she has con-
tributed to the community through employment, 
education, military service or other enterprise 
as described in subsection (d); 
(D) has demonstrated sufficient mastery of 
basic English skills as described in subsection 
(e); and 
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374 
(E) where applicable, can establish proof of 
registration under the Military Selective Service 
Act (50 U.S.C. App. 451 et seq.). 
(b) ADMISSIBLE UNDER IMMIGRATION LAWS.—A 
conditional nonimmigrant or conditional nonimmigrant 
dependent applying for adjustment of status under this 
section shall establish that he or she is not inadmissible 
under section 212(a) of the Immigration and Nationality 
Act (8 U.S.C. 1182(a)), except for any provision under 
that section that is not applicable or waived under para-
graph (2) or (3) of section 401(d). For purposes of an 
application filed under this section, any prior waiver of 
inadmissibility granted to an alien under section 401(d)(2) 
shall remain in effect with respect to the specific conduct 
considered by the Secretary at the time of classification 
under section 401. 
(c) PAYMENT OF INCOME TAXES.— 
(1) IN GENERAL.—Not later than the date on 
which status is adjusted under this section, a condi-
tional nonimmigrant or conditional nonimmigrant 
dependent shall satisfy any applicable Federal tax li-
ability by establishing that— 
(A) no such tax liability exists; 
(B) all outstanding liabilities have been 
paid; or 
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375 
(C) the conditional nonimmigrant has en-
tered into, and is in compliance with, an agree-
ment for payment of all outstanding liabilities 
with the Internal Revenue Service. 
(2) APPLICABLE
FEDERAL
TAX
LIABILITY.— 
For purposes of paragraph (1), the term ‘‘applicable 
Federal tax liability’’ means liability for Federal 
taxes, including penalties and interest, owed for any 
year while classified as a conditional nonimmigrant 
or conditional nonimmigrant dependent for which 
the statutory period for assessment of any deficiency 
for such taxes has not expired. 
(3) IRS COOPERATION.—The Secretary of the 
Treasury shall establish rules and procedures under 
which the Commissioner of Internal Revenue shall 
provide documentation to— 
(A) a conditional nonimmigrant or condi-
tional nonimmigrant dependent, upon request, 
to establish the payment of all taxes required 
under this subsection; or 
(B) the Secretary, upon request, regarding 
the payment of Federal taxes by an alien apply-
ing for a benefit under this section. 
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376 
(4) COMPLIANCE.—The alien may satisfy proof 
of compliance with this subsection by submitting 
documentation that establishes that— 
(A) no such tax liability exists; 
(B) all outstanding liabilities have been 
met; or 
(C) the alien has entered into, and is in 
compliance with, an agreement for payment of 
all outstanding liabilities with the Internal Rev-
enue Service. 
(d) CONTRIBUTIONS
TO
THE
UNITED
STATES 
THROUGH EMPLOYMENT, EDUCATION, MILITARY SERV-
ICE OR OTHER COMMITMENT TO THE COMMUNITY.— 
(1) An alien shall demonstrate contributions to 
the United States by submitting evidence that he or 
she— 
(A) is or has been engaged in full-time, 
part-time, self, or seasonal employment in the 
United States; or 
(B) has completed or is enrolled in an ac-
credited education program as described under 
subsection (e)(1)(B) of section 401; or 
(C) is serving in the military or has com-
pleted military service as described in sub-
section (e)(1)(C) of section 401; or 
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377 
(D) otherwise establishes, to the satisfac-
tion of the Secretary, that the alien is an active 
volunteer or community member; or 
(E) is exempt from these requirements, as 
described under subsection (e)(2) of section 
401; and 
(F) is self-sufficient or self-supporting, in-
cluding through the support of family, commu-
nity members, or others, as determined by the 
Secretary, such that the alien is not a public 
charge or at risk of becoming a public charge. 
(2) EVIDENCE OF EMPLOYMENT, EDUCATION, 
MILITARY SERVICE OR OTHER CONTRIBUTIONS.— 
(A) CONCLUSIVE
DOCUMENTS.—An alien 
may conclusively establish compliance with 
paragraph (1) by submitting records to the Sec-
retary that demonstrate such employment, edu-
cation, military service, or other contributions 
that have been maintained by the Social Secu-
rity Administration, the Internal Revenue Serv-
ice, the Armed Services or any other Federal, 
State, or local government agency or public or 
private educational institution. 
(B) OTHER DOCUMENTS.—An alien who is 
unable to submit a document described in sub-
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378 
paragraph (A) may satisfy the requirement 
under paragraph (1) by submitting to the Sec-
retary at least 2 other types of reliable docu-
ments that provide evidence of contributions to 
the United States, including— 
(i) bank records; 
(ii) business records; 
(iii) employer records; 
(iv) records of a labor union, day 
labor center, or organization that assists 
workers in employment; 
(v) records of a registered charitable, 
voluntary or 501(c)(3) nonprofit organiza-
tion; and 
(vi) sworn affidavits from nonrelatives 
who have direct knowledge of the alien’s 
contribution, that contain— 
(I) the name, address, and tele-
phone number of the affiant; 
(II) the nature and duration of 
the relationship between the affiant 
and the alien; and 
(III) other verification or infor-
mation; and 
(vii) remittance records. 
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379 
(C) ADDITIONAL
DOCUMENTS
AND
RE-
STRICTIONS.—The Secretary may— 
(i) designate additional documents to 
evidence employment, education, military 
service or and other contributions to the 
United States; and 
(ii) set such terms and conditions on 
the use of affidavits as is necessary to 
verify and confirm the identity of any affi-
ant or otherwise prevent fraudulent sub-
missions. 
(4) BURDEN OF PROOF.—An alien described in 
paragraph (1) who is applying for adjustment of sta-
tus under this section shall prove, by a preponder-
ance of the evidence, that the alien has satisfied the 
requirements of this subsection. An alien may meet 
such burden of proof by producing sufficient evi-
dence to demonstrate employment, education, mili-
tary service, or other contribution to the United 
States as a matter of reasonable inference. 
(e) BASIC CITIZENSHIP SKILLS.— 
(1) IN GENERAL.—Except as provided under 
paragraph (2), a conditional nonimmigrant or condi-
tional nonimmigrant dependent shall establish that 
he or she— 
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380 
(A) meets the requirements under section 
312 of the Immigration and Nationality Act (8 
U.S.C. 1423); 
(B) earned a high school diploma or ob-
tained a general education development certifi-
cate in the United States; or 
(C) is satisfactorily pursuing a course of 
study to achieve such an understanding of 
English and knowledge and understanding of 
the history and Government of the United 
States. 
(2) RELATION TO NATURALIZATION EXAMINA-
TION.—A conditional nonimmigrant or conditional 
nonimmigrant dependent who demonstrates that he 
or she meets the requirements under such section 
312 may be considered to have satisfied the require-
ments of that section for purposes of becoming natu-
ralized as a citizen of the United States under title 
III of the Immigration and Nationality Act (8 
U.S.C. 1401 et seq.). 
(3) EXCEPTIONS.— 
(A) MANDATORY.—Paragraph (1) shall 
not apply to any person who is unable to com-
ply with those requirements because of a phys-
ical or developmental disability or mental im-
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381 
pairment (as described in section 312(b)(1) of 
the Immigration and Nationality Act (8 U.S.C. 
1423(b)(1))). 
(B) DISCRETIONARY.—The Secretary may 
waive all or part of paragraph (1) for a condi-
tional nonimmigrant who is at least 65 years of 
age on the date on which an application is filed 
for adjustment of status under this section. 
(f) APPLICATION PROCEDURE, FEES, AND FINES.— 
(1) COMPLIANCE WITH ALL REQUIREMENTS.— 
A conditional nonimmigrant or conditional non-
immigrant dependent seeking to adjust status to 
that of a lawful permanent resident shall submit to 
a full medical examination and all security and other 
law enforcement checks required of an applicant for 
adjustment under section 245 of the Immigration 
and Nationality Act. 
(2) APPLICATION
AND
FEE.—The Secretary 
shall promulgate regulations establishing procedures 
for submitting an application for adjustment of sta-
tus under this section. The Secretary shall impose a 
fee for filing an application for adjustment of status 
under this section which shall be sufficient to cover 
the administrative and other expenses incurred in 
connection with the review of such applications. 
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382 
(3) DEPOSIT OF FEES.—Fees collected under 
this paragraph shall be deposited into the Immigra-
tion Examination Fee Account and shall remain 
available as provided under subsections (m) and (n) 
of section 286 of the Immigration and Nationality 
Act (8 U.S.C. 1356). 
(g) TREATMENT OF CONDITIONAL NONIMMIGRANT 
DEPENDENTS.— 
(1) 
ADJUSTMENT
OF
STATUS.—Notwith-
standing any other provision of law, the Secretary 
may— 
(A) adjust the status of a conditional non-
immigrant dependent to that of a person admit-
ted for lawful permanent residence if the prin-
cipal conditional nonimmigrant spouse or par-
ent has been found eligible for adjustment of 
status under this section, provided that the de-
pendent complies with subparagraphs (A), (B), 
and (E), where applicable, of subsection (a)(2) 
and completes the application requirements de-
scribed in subsection (f); 
(B) adjust the status of a conditional non-
immigrant dependent who was the spouse or 
child of an alien who was classified as a condi-
tional nonimmigrant, or was eligible for such 
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383 
classification under section 401, to that of a 
person admitted for permanent residence if— 
(i) the termination of the relationship 
with such spouse or parent was connected 
to domestic violence; and 
(ii) the spouse or child has been bat-
tered or subjected to extreme cruelty by 
the spouse or parent; provided that the de-
pendent complies with subparagraphs (A), 
(B), and (E), where applicable, of sub-
section (a)(2) and completes the applica-
tion requirements described in subsection 
(g). 
(2) APPLICATION
OF
OTHER
LAW.—In proc-
essing applications under this subsection on behalf 
of aliens who have been battered or subjected to ex-
treme cruelty, the Secretary shall apply— 
(A) 
the 
provisions 
under 
section 
204(a)(1)(J) of the Immigration and Nation-
ality Act (8 U.S.C. 1154(a)(1)(J)); and 
(B) the protections, prohibitions, and pen-
alties under section 384 of the Illegal Immigra-
tion Reform and Immigrant Responsibility Act 
of 1996 (8 U.S.C. 1367). 
(h) BACK OF THE LINE.— 
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384 
(1) IN GENERAL.—An alien may not adjust sta-
tus to that of a lawful permanent resident status 
under this Act until that earlier of— 
(A) 30 days after an immigrant visa be-
comes available for petitions filed under section 
201, 202, or 203 of the Immigration and Na-
tionality Act (8 U.S.C. 1151, 1152, and 1153), 
which were filed before the date of enactment of 
this Act; or 
(B) 6 years after the date of the enact-
ment of this Act. 
(2) SPECIAL
RULE
FOR
CONDITIONAL
IMMI-
GRANTS QUALIFYING UNDER SUBSECTION (e)(2)(D) 
OF SECTION 401.—An alien who qualifies as a condi-
tional nonimmigrant as described in subsection 
(e)(2)(D) of section 401 shall be eligible to apply for 
adjustment of status immediately upon the comple-
tion of one of the following: 
(A) The alien has acquired a degree from 
an institution of higher education in the United 
States or has completed at least 2 years, in 
good standing, in a program for a bachelor’s 
degree or higher degree in the United States. 
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(B) The alien has served in the uniformed 
services for at least 2 years and, if discharged, 
has received an honorable discharge. 
(C) The alien has been employed full-time, 
part-time, or seasonally for at least 2 years 
prior to date of application. 
(3) NATURALIZATION.—For purposes of natu-
ralization only, aliens who adjust their status to that 
of a lawful permanent resident under the special rule 
described in paragraph (2) shall be eligible to apply 
for naturalization 3 years after the date on which 
adjustment of status is granted. 
(i) INELIGIBILITY FOR PUBLIC BENEFITS.—For pur-
poses of section 403 of the Personal Responsibility and 
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 
1613), an alien whose status has been adjusted under this 
section shall not be eligible for any Federal means-tested 
public benefit unless the alien meets the alien eligibility 
criteria for such benefit under title IV of such Act (8 
U.S.C. 1601 et seq.). 
SEC. 403. ADMINISTRATIVE AND JUDICIAL REVIEW. 
(a) ADMINISTRATIVE REVIEW.— 
(1) SINGLE LEVEL OF ADMINISTRATIVE APPEL-
LATE REVIEW.—The Secretary of Homeland Secu-
rity shall establish an independent appellate author-
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386 
ity within the Bureau of Citizenship and Immigra-
tion Services to provide for a single level of adminis-
trative appellate review of a determination respect-
ing an application for classification or adjustment of 
status under this subtitle. 
(2) STANDARD
FOR
REVIEW.—Administrative 
appellate review referred to in paragraph (1) shall be 
based solely upon the administrative record estab-
lished at the time of the determination on the appli-
cation and upon the presentation of additional or 
newly discovered evidence during the time of the 
pending appeal or subsequently on motion to reopen. 
(b) JUDICIAL REVIEW.— 
(1) DIRECT REVIEW.—A person whose applica-
tion for classification or adjustment of status under 
this subtitle is denied after administrative appellate 
review under subsection (a) may seek review of such 
denial, in accordance with chapter 7 of title 5, 
United States Code, before the United States dis-
trict court for the district in which the person re-
sides. 
(2) REVIEW AFTER REMOVAL PROCEEDINGS.— 
There shall be judicial review in the Federal courts 
of appeal of the denial of an application for classi-
fication or adjustment of status under this subtitle 
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387 
in conjunction with judicial review of an order of re-
moval, deportation, or exclusion. 
(3) STANDARD FOR JUDICIAL REVIEW.—Judi-
cial review of a denial of an application under this 
subtitle shall be based upon the administrative 
record established at the time of the review, but the 
court may remand the case to the agency for consid-
eration of additional evidence where the court finds 
that the evidence is material and there were reason-
able grounds for failure to adduce the evidence be-
fore the agency. Notwithstanding any other provi-
sion of law, judicial review of all questions arising 
from a denial of an application under this subtitle 
shall be governed by the standard of review set forth 
in chapter 7 of title 5, United States Code. 
(4) REMEDIAL POWERS.—Notwithstanding any 
other provision of law, the district courts of the 
United States shall have jurisdiction over any cause 
or claim arising from a pattern or practice of the 
Secretary of Homeland Security in the operation or 
implementation of this subtitle that is arbitrary, ca-
pricious, or otherwise contrary to law, and may 
order any appropriate relief. The district courts may 
order any appropriate relief in accordance with the 
preceding sentence without regard to exhaustion, 
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388 
ripeness, or other standing requirements (other than 
constitutionally-mandated requirements), if the court 
determines that resolution of such cause or claim 
will serve judicial and administrative efficiency or 
that a remedy would otherwise not be reasonably 
available or practicable. 
(c) STAY OF REMOVAL.—Aliens seeking administra-
tive or judicial review under this section shall not be re-
moved from the United States until a final decision is ren-
dered establishing ineligibility under this subtitle. 
SEC. 404. MANDATORY DISCLOSURE OF INFORMATION. 
(a) MANDATORY DISCLOSURE.—The Secretary and 
the Secretary of State shall provide a duly recognized law 
enforcement entity that submits a written request with the 
information furnished pursuant to an application filed 
under this subtitle, and any other information derived 
from such furnished information, in connection with a 
criminal investigation or prosecution, or a national secu-
rity investigation or prosecution, of an individual suspect 
or group of suspects. 
(b) LIMITATIONS.—Except as otherwise provided 
under this section, no Federal agency, or any officer, em-
ployee, or agent of such agency, may— 
(1) use the information furnished by the appli-
cant pursuant to an application for benefits under 
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389 
this subtitle for any purpose other than to make a 
determination on the application; 
(2) make any publication through which the in-
formation furnished by any particular applicant can 
be identified; or 
(3) permit anyone other than the sworn officers 
and employees of such agency to examine individual 
applications. 
(c) CONSTRUCTION.—Nothing under subsection (b) 
shall prevent an alien or an alien’s attorney access to his 
or her application, case file, or information related to such 
application or adjudication thereof. 
(d) CRIMINAL PENALTY.—Any person who knowingly 
uses, publishes, or permits information to be examined in 
violation of this section shall be fined not more than 
$10,000. 
SEC. 405. PENALTIES FOR FALSE STATEMENTS IN APPLICA-
TIONS. 
(a) CRIMINAL PENALTY.— 
(1) VIOLATION.—It shall be unlawful for any 
person— 
(A) to file, or assist in filing, an applica-
tion for benefits under this subtitle; and 
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390 
(i) to knowingly and willfully falsify, 
misrepresent, conceal, or cover up a mate-
rial fact; 
(ii) to make any false, fictitious, or 
fraudulent statements or representations; 
or 
(iii) to make or use any false writing 
or document knowing the same to contain 
any false, fictitious, or fraudulent state-
ment or entry; or 
(B) to create or supply a false writing or 
document for use in making such an applica-
tion. 
(2) PENALTY.—Any person who violates para-
graph (1) 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 of 
violating subsection (a) shall be considered to be inadmis-
sible to the United States on the ground described in sec-
tion 212(a)(6)(C)(i) of the Immigration and Nationality 
Act (8 U.S.C. 1182(a)(6)(C)(i)). 
(c) EXCEPTION.—Notwithstanding subsections (a) 
and (b), any alien or other entity (including an employer 
or union) that submits an employment record that con-
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391 
tains incorrect data used by the alien to obtain such em-
ployment, shall not, on that ground, be determined to have 
violated this section. 
SEC. 406. ALIENS NOT SUBJECT TO DIRECT NUMERICAL 
LIMITATIONS. 
Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended 
by title III, is further amended— 
(1) in subparagraph (A), by striking ‘‘subpara-
graph (A) or (B) of’’; and 
(2) by adding at the end the following: 
‘‘(N) Aliens whose status is adjusted from 
that of a conditional nonimmigrant or condi-
tional nonimmigrant dependent.’’. 
SEC. 407. EMPLOYER PROTECTIONS. 
(a) IMMIGRATION STATUS OF ALIEN.—Employers of 
aliens applying for conditional nonimmigrant or condi-
tional nonimmigrant dependent classification or adjust-
ment of status under section 401 or 402 shall not be sub-
ject to civil and criminal tax liability relating directly to 
the employment of such alien before receiving employment 
authorization under this subtitle. 
(b) PROVISION OF EMPLOYMENT RECORDS.—Em-
ployers that provide unauthorized aliens with copies of em-
ployment records or other evidence of employment pursu-
ant to an application for conditional nonimmigrant or con-
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392 
ditional nonimmigrant dependent classification or adjust-
ment of status under section 401 or 402 or any other ap-
plication or petition pursuant to any other immigration 
law, shall not be subject to civil and criminal liability 
under section 274A of the Immigration and Nationality 
Act (8 U.S.C. 1324a) for employing such unauthorized 
aliens. 
(c) APPLICABILITY OF OTHER LAW.—Nothing in this 
section may be used to shield an employer from liability 
under section 274B of the Immigration and Nationality 
Act (8 U.S.C. 1324b) or any other labor or employment 
law. 
SEC. 408. LIMITATIONS ON ELIGIBILITY. 
(a) IN GENERAL.—An alien is not ineligible for any 
immigration benefit under any provision of this subtitle, 
or any amendment made by this subtitle, solely on the 
basis that the alien violated section 1543, 1544, or 1546 
of title 18, United States Code, or any amendment made 
by this Act, during the period beginning on the date of 
the enactment of this Act and ending on the date on which 
the alien applies for any benefits under this subtitle. 
(b) PROSECUTION.—An alien who violates section 
1543, 1544, or 1546 of such title, or any amendment 
made by this Act, during the period beginning on the date 
of the enactment of this Act and ending on the date that 
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393 
the alien applies for eligibility for such benefit may be 
prosecuted for the violation if the alien″s application for 
such benefit is denied. 
SEC. 409. RULEMAKING. 
The Secretary shall promulgate regulations regarding 
the timely filing and processing of applications for benefits 
under this subtitle. 
SEC. 410. CORRECTION OF SOCIAL SECURITY RECORDS. 
(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; 
(2) in subparagraph (C), by inserting ‘‘or’’ at 
the end; 
(3) by inserting after subparagraph (C) the fol-
lowing: 
‘‘(D) who is granted an adjustment of im-
migration status pursuant to the CIR ASAP 
Act of 2009 or an amendment made by that 
Act,’’; and 
(4) by striking ‘‘1990.’’ and inserting ‘‘1990, or 
in the case of an alien described in subparagraph 
(D), if such conduct is alleged to have occurred be-
fore the date on which the alien was granted an ad-
justment of status described in such subparagraph.’’. 
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394 
(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. 
SEC. 411. RESTORATION OF STATE OPTION TO DETERMINE 
RESIDENCY FOR PURPOSES OF HIGHER EDU-
CATION BENEFITS. 
(a) IN GENERAL.—Section 505 of the Illegal Immi-
gration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1623) is repealed. 
(b) EFFECTIVE DATE.—The repeal under subsection 
(a) shall take effect as if included in the enactment of the 
Illegal Immigration Reform and Immigrant Responsibility 
Act of 1996 (division C of Public Law 104–208; 110 Stat. 
3009–546). 
SEC. 412. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There are authorized to be appro-
priated to the Secretary such sums as may be necessary 
to carry out this subtitle and the amendments made by 
this subtitle. 
(b) AVAILABILITY OF FUNDS.—Funds appropriated 
pursuant to subsection (a) shall remain available until ex-
pended. 
(c) SENSE OF CONGRESS.—It is the sense of Con-
gress that funds authorized to be appropriated under sub-
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395 
section (a) should be directly appropriated so as to facili-
tate the orderly and timely commencement of the proc-
essing of applications filed under sections 401 and 402. 
Subtitle B—Agricultural Job Op-
portunities, Benefits, and Secu-
rity 
CHAPTER 1—TITLE AND DEFINITIONS 
SEC. 421. SHORT TITLE. 
This subtitle may be cited as the ‘‘Agricultural Job 
Opportunities, Benefits, and Security Act of 2009’’ or the 
‘‘AgJOBS Act of 2009’’. 
SEC. 422. 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 
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 
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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. 
CHAPTER 
2—PILOT 
PROGRAM 
FOR 
EARNED STATUS ADJUSTMENT OF AG-
RICULTURAL WORKERS 
Subchapter A—Blue Card Status 
SEC. 431. 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— 
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(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-
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. 
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(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 
blue card status was the result of fraud or will-
ful misrepresentation, as described in section 
212(a)(6)(C)(i) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(a)(6)(C)(i)); or 
(B) the alien— 
(i) commits an act that makes the 
alien inadmissible to the United States 
under section 212 of the Immigration and 
Nationality Act (8 U.S.C. 1182), except as 
provided under section 105(b); 
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(ii) is convicted of a felony or 3 or 
more misdemeanors committed in the 
United States; 
(iii) is convicted of an offense, an ele-
ment of which involves bodily injury, threat 
of serious bodily injury, or harm to prop-
erty in excess of $500; or 
(iv) fails to perform the agricultural 
employment required under paragraph 
(1)(A) of section 103(a) unless the alien 
was unable to work in agricultural employ-
ment 
due 
to 
the 
extraordinary 
cir-
cumstances described in paragraph (3) of 
such section. 
(e) RECORD OF EMPLOYMENT.— 
(1) IN GENERAL.—Each employer of an alien 
granted blue card status shall annually— 
(A) provide a written record of employ-
ment to the alien; and 
(B) provide a copy of such record to the 
Secretary. 
(2) CIVIL PENALTIES.— 
(A) IN GENERAL.—If the Secretary finds, 
after notice and opportunity for a hearing, that 
an employer of an alien granted blue card sta-
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400 
tus has failed to provide the record of employ-
ment required under paragraph (1) or has pro-
vided 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 $1,000 per 
violation. 
(B) LIMITATION.—The penalty applicable 
under subparagraph (A) for failure to provide 
records shall not apply unless the alien has pro-
vided the employer with evidence of employment 
authorization granted under this section. 
(3) SUNSET.—The obligation under paragraph 
(1) shall terminate on the date that is 6 years after 
the date of the enactment of this Act. 
(f) REQUIRED FEATURES OF IDENTITY CARD.—The 
Secretary shall provide each alien granted blue card sta-
tus, and the spouse and any child of each such alien resid-
ing in the United States, with a card that contains— 
(1) an encrypted, machine-readable, electronic 
identification strip that is unique to the alien to 
whom the card is issued; 
(2) biometric identifiers, including fingerprints 
and a digital photograph; and 
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401 
(3) physical security features designed to pre-
vent tampering, counterfeiting, or duplication of the 
card for fraudulent purposes. 
(g) FINE.—An alien granted blue card status shall 
pay a fine of $100 to the Secretary. 
(h) MAXIMUM NUMBER.—The Secretary may not 
issue more than 1,350,000 blue cards during the 5-year 
period beginning on the date of the enactment of this Act. 
SEC. 432. TREATMENT OF ALIENS GRANTED BLUE CARD 
STATUS. 
(a) IN GENERAL.—Except as otherwise provided 
under this section, an alien granted blue card status (in-
cluding a spouse or child of the alien granted derivative 
status) shall be considered to be an alien lawfully admitted 
for permanent residence for purposes of any law other 
than any provision of the Immigration and Nationality Act 
(8 U.S.C. 1101 et seq.). 
(b) DELAYED ELIGIBILITY FOR CERTAIN FEDERAL 
PUBLIC BENEFITS.—Except as otherwise provided in law, 
an alien granted blue card status shall not be eligible, by 
reason of such status, for any form of assistance or benefit 
described in section 403(a) of the Personal Responsibility 
and Work Opportunity Reconciliation Act of 1996 (8 
U.S.C. 1613(a)) until 5 years after the date on which the 
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402 
alien is granted an adjustment of status under section 
103. 
SEC. 433. ADJUSTMENT TO PERMANENT RESIDENCE. 
(a) IN GENERAL.—Except as provided in subsection 
(b), the Secretary shall adjust the status of an alien grant-
ed blue card status to that of an alien lawfully admitted 
for permanent residence if the Secretary determines that 
the following requirements are satisfied: 
(1) QUALIFYING EMPLOYMENT.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), the alien has performed at least— 
(i) 5 years of agricultural employment 
in the United States for at least 100 work 
days per year, during the 5-year period be-
ginning on the date of the enactment of 
this Act; or 
(ii) 3 years of agricultural employ-
ment in the United States for at least 150 
work days per year, during the 3-year pe-
riod beginning on the date of the enact-
ment of this Act. 
(B) 4-YEAR PERIOD OF EMPLOYMENT.— 
An alien shall be considered to meet the re-
quirements of subparagraph (A) if the alien has 
performed 4 years of agricultural employment 
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403 
in the United States for at least 150 work days 
during 3 years of those 4 years and at least 
100 work days during the remaining year, dur-
ing the 4-year period beginning on the date of 
the enactment of this Act. 
(2) PROOF.—An alien may demonstrate compli-
ance with the requirement under paragraph (1) by 
submitting— 
(A) the record of employment described in 
section 101(e); or 
(B) documentation that may be submitted 
under section 104(c). 
(3) EXTRAORDINARY CIRCUMSTANCES.— 
(A) IN GENERAL.—In determining whether 
an alien has met the requirement of paragraph 
(1)(A), the Secretary may credit the alien with 
not more than 12 additional months of agricul-
tural employment in the United States to meet 
such requirement if the alien was unable to 
work in agricultural employment due to— 
(i) pregnancy, injury, or disease, if the 
alien can establish such pregnancy, dis-
abling injury, or disease through medical 
records; 
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(ii) illness, disease, or other special 
needs of a minor child, if the alien can es-
tablish such illness, disease, or special 
needs through medical records; 
(iii) severe weather conditions that 
prevented the alien from engaging in agri-
cultural employment for a significant pe-
riod of time; or 
(iv) termination from agricultural em-
ployment, if the Secretary finds that the 
termination was without just cause and 
that the alien was unable to find alter-
native agricultural employment after a rea-
sonable job search. 
(B) EFFECT
OF
FINDING.—A finding 
made under subparagraph (A)(iv), with respect 
to an alien, shall not— 
(i) be conclusive, binding, or admis-
sible in a separate or subsequent judicial 
or administrative action or proceeding be-
tween the alien and a current or prior em-
ployer of the alien or any other party; or 
(ii) subject the alien’s employer to the 
payment of attorney fees incurred by the 
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405 
alien in seeking to obtain a finding under 
subparagraph (A)(iv). 
(4) APPLICATION
PERIOD.—The alien applies 
for adjustment of status not later than 7 years after 
the date of the enactment of this Act. 
(5) FINE.—The alien pays a fine of $400 to the 
Secretary. 
(b) GROUNDS FOR DENIAL OF ADJUSTMENT OF STA-
TUS.—The Secretary shall deny an alien granted blue card 
status an adjustment of status under this section if— 
(1) the Secretary finds, by a preponderance of 
the evidence, that the adjustment to blue card status 
was the result of fraud or willful misrepresentation, 
as described in section 212(a)(6)(C)(i) of the Immi-
gration 
and 
Nationality 
Act 
(8 
U.S.C. 
1182(a)(6)(C)(i)); or 
(2) the alien— 
(A) commits an act that makes the alien 
inadmissible to the United States under section 
212 of the Immigration and Nationality Act (8 
U.S.C. 1182), except as provided under section 
105(b); 
(B) is convicted of a felony or 3 or more 
misdemeanors committed in the United States; 
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406 
(C) is convicted of an offense, an element 
of which involves bodily injury, threat of serious 
bodily injury, or harm to property in excess of 
$500; or 
(D) failed to perform the agricultural em-
ployment required under paragraph (1)(A) of 
subsection (a) unless the alien was unable to 
work in agricultural employment due to the ex-
traordinary circumstances described in para-
graph (3) of such subsection. 
(c) GROUNDS
FOR REMOVAL.—Any alien granted 
blue card status who does not apply for adjustment of sta-
tus under this section before the expiration of the applica-
tion period described in subsection (a)(4) or who fails to 
meet the other requirements of subsection (a) by the end 
of the application period, is deportable and may be re-
moved under section 240 of the Immigration and Nation-
ality Act (8 U.S.C. 1229a). 
(d) PAYMENT OF TAXES.— 
(1) IN GENERAL.—Not later than the date on 
which an alien’s status is adjusted under this sec-
tion, the alien shall establish that the alien does not 
owe any applicable Federal tax liability by estab-
lishing that— 
(A) no such tax liability exists; 
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(B) all such outstanding tax liabilities have 
been paid; or 
(C) the alien has entered into an agree-
ment for payment of all outstanding liabilities 
with the Internal Revenue Service. 
(2) APPLICABLE FEDERAL TAX LIABILITY.—In 
paragraph (1) the term ‘‘applicable Federal tax li-
ability’’ means liability for Federal taxes, including 
penalties and interest, owed for any year during the 
period of employment required under subsection 
(a)(1) for which the statutory period for assessment 
of any deficiency for such taxes has not expired. 
(3) IRS COOPERATION.—The Secretary of the 
Treasury shall establish rules and procedures under 
which the Commissioner of Internal Revenue shall 
provide documentation to an alien upon request to 
establish the payment of all taxes required by this 
subsection. 
(e) SPOUSES AND MINOR CHILDREN.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, the Secretary shall confer the sta-
tus of lawful permanent resident on the spouse and 
minor child of an alien granted any adjustment of 
status under subsection (a), including any individual 
who was a minor child on the date such alien was 
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408 
granted blue card status, if the spouse or minor 
child applies for such status, or if the principal alien 
includes the spouse or minor child in an application 
for adjustment of status to that of a lawful perma-
nent resident. 
(2) TREATMENT OF SPOUSES AND MINOR CHIL-
DREN.— 
(A) GRANTING
OF
STATUS
AND
RE-
MOVAL.—The Secretary shall grant derivative 
status to the alien spouse and any minor child 
residing in the United States of an alien grant-
ed blue card status and shall not remove such 
derivative spouse or child during the period that 
the alien granted blue card status maintains 
such status, except as provided in paragraph 
(3). A grant of derivative status to such a 
spouse or child under this subparagraph shall 
not decrease the number of aliens who may re-
ceive blue card status under subsection (h) of 
section 101. 
(B) TRAVEL.—The derivative spouse and 
any minor child of an alien granted blue card 
status may travel outside the United States in 
the same manner as an alien lawfully admitted 
for permanent residence. 
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409 
(C) EMPLOYMENT.—The derivative spouse 
of an alien granted blue card status may apply 
to the Secretary for a work permit to authorize 
such spouse to engage in any lawful employ-
ment in the United States while such alien 
maintains blue card status. 
(3) GROUNDS FOR DENIAL OF ADJUSTMENT OF 
STATUS AND REMOVAL.—The Secretary shall deny 
an alien spouse or child adjustment of status under 
paragraph (1) and may remove such spouse or child 
under section 240 of the Immigration and Nation-
ality Act (8 U.S.C. 1229a) if the spouse or child— 
(A) commits an act that makes the alien 
spouse or child inadmissible to the United 
States under section 212 of such Act (8 U.S.C. 
1182), except as provided under section 105(b); 
(B) is convicted of a felony or 3 or more 
misdemeanors committed in the United States; 
or 
(C) is convicted of an offense, an element 
of which involves bodily injury, threat of serious 
bodily injury, or harm to property in excess of 
$500. 
SEC. 434. APPLICATIONS. 
(a) SUBMISSION.—The Secretary shall provide that— 
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410 
(1) applications for blue card status may be 
submitted— 
(A) to the Secretary if the applicant is rep-
resented by an attorney or a nonprofit religious, 
charitable, social service, or similar organization 
recognized by the Board of Immigration Ap-
peals under section 292.2 of title 8, Code of 
Federal Regulations; or 
(B) to a qualified designated entity if the 
applicant consents to the forwarding of the ap-
plication to the Secretary; and 
(2) applications for adjustment of status under 
section 103 shall be filed directly with the Secretary. 
(b) QUALIFIED DESIGNATED ENTITY DEFINED.—In 
this section, the term ‘‘qualified designated entity’’ 
means— 
(1) a qualified farm labor organization or an 
association of employers designated by the Sec-
retary; or 
(2) any such other person designated by the 
Secretary if that Secretary determines such person 
is qualified and has substantial experience, dem-
onstrated competence, and has a history of long- 
term involvement in the preparation and submission 
of applications for adjustment of status under sec-
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411 
tion 209, 210, or 245 of the Immigration and Na-
tionality Act (8 U.S.C. 1159, 1160, and 1255), the 
Act entitled ‘‘An Act to adjust the status of Cuban 
refugees to that of lawful permanent residents of the 
United States, and for other purposes’’, approved 
November 2, 1966 (Public Law 89–732; 8 U.S.C. 
1255 note), Public Law 95–145 (8 U.S.C. 1255 
note), or the Immigration Reform and Control Act 
of 1986 (Public Law 99–603; 100 Stat. 3359) or 
any amendment made by that Act. 
(c) PROOF OF ELIGIBILITY.— 
(1) IN GENERAL.—An alien may establish that 
the alien meets the requirement of section 101(a)(1) 
or 103(a)(1) through government employment 
records or records supplied by employers or collec-
tive bargaining organizations, and other reliable doc-
umentation as the alien may provide. The Secretary 
shall establish special procedures to properly credit 
work in cases in which an alien was employed under 
an assumed name. 
(2) DOCUMENTATION OF WORK HISTORY.— 
(A) BURDEN OF PROOF.—An alien apply-
ing for status under section 101(a) or 103(a) 
has the burden of proving by a preponderance 
of the evidence that the alien has worked the 
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412 
requisite number of hours or days required 
under section 101(a)(1) or 103(a)(1), as appli-
cable. 
(B) TIMELY PRODUCTION OF RECORDS.— 
If an employer or farm labor contractor employ-
ing such an alien has kept proper and adequate 
records respecting such employment, the alien’s 
burden of proof under subparagraph (A) may 
be met by securing timely production of those 
records under regulations to be promulgated by 
the Secretary. 
(C) SUFFICIENT
EVIDENCE.—An alien 
may meet the burden of proof under subpara-
graph (A) to establish that the alien has per-
formed the days or hours of work required by 
section 101(a)(1) or 103(a)(1) by producing 
sufficient evidence to show the extent of that 
employment as a matter of just and reasonable 
inference. 
(d) APPLICATIONS SUBMITTED TO QUALIFIED DES-
IGNATED ENTITIES.— 
(1) 
REQUIREMENTS.—Each 
qualified 
des-
ignated entity shall agree— 
(A) to forward to the Secretary an applica-
tion submitted to that entity pursuant to sub-
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413 
section (a)(1)(B) if the applicant has consented 
to such forwarding; 
(B) not to forward to the Secretary any 
such application if the applicant has not con-
sented to such forwarding; and 
(C) to assist an alien in obtaining docu-
mentation of the alien’s work history, if the 
alien requests such assistance. 
(2) NO
AUTHORITY
TO
MAKE
DETERMINA-
TIONS.—No qualified designated entity may make a 
determination required by this subtitle to be made 
by the Secretary. 
(e) LIMITATION ON ACCESS TO INFORMATION.—Files 
and records collected or compiled by a qualified designated 
entity for the purposes of this section are confidential and 
the Secretary shall not have access to such a file or record 
relating to an alien without the consent of the alien, except 
as allowed by a court order issued pursuant to subsection 
(f). 
(f) CONFIDENTIALITY OF INFORMATION.— 
(1) IN
GENERAL.—Except as otherwise pro-
vided in this section, the Secretary or any other offi-
cial or employee of the Department or a bureau or 
agency of the Department is prohibited from— 
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414 
(A) using information furnished by the ap-
plicant pursuant to an application filed under 
this subtitle, the information provided by an ap-
plicant to a qualified designated entity, or any 
information provided by an employer or former 
employer for any purpose other than to make a 
determination on the application or for impos-
ing the penalties described in subsection (g); 
(B) making any publication in which the 
information furnished by any particular indi-
vidual can be identified; or 
(C) permitting a person other than a 
sworn officer or employee of the Department or 
a bureau or agency of the Department or, with 
respect to applications filed with a qualified 
designated entity, that qualified designated en-
tity, to examine individual applications. 
(2) REQUIRED
DISCLOSURES.—The Secretary 
shall provide the information furnished under this 
subtitle or any other information derived from such 
furnished information to— 
(A) a duly recognized law enforcement en-
tity in connection with a criminal investigation 
or prosecution, if such information is requested 
in writing by such entity; or 
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415 
(B) an official coroner, for purposes of af-
firmatively identifying a deceased individual, 
whether or not the death of such individual re-
sulted from a crime. 
(3) CONSTRUCTION.— 
(A) IN
GENERAL.—Nothing in this sub-
section shall be construed to limit the use, or 
release, for immigration enforcement purposes 
or law enforcement purposes, of information 
contained in files or records of the Department 
pertaining to an application filed under this sec-
tion, other than information furnished by an 
applicant pursuant to the application, or any 
other information derived from the application, 
that is not available from any other source. 
(B) CRIMINAL
CONVICTIONS.—Notwith-
standing any other provision of this subsection, 
information concerning whether the alien apply-
ing for blue card status or an adjustment of 
status under section 103 has been convicted of 
a crime at any time may be used or released for 
immigration enforcement or law enforcement 
purposes. 
(4) CRIME.—Any person who knowingly uses, 
publishes, or permits information to be examined in 
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416 
violation of this subsection shall be subject to a fine 
in an amount not to exceed $10,000. 
(g) PENALTIES FOR FALSE STATEMENTS IN APPLI-
CATIONS.— 
(1) CRIMINAL PENALTY.—Any person who— 
(A) files an application for blue card status 
or an adjustment of status under section 103 
and knowingly and willfully falsifies, conceals, 
or covers up a material fact or makes any false, 
fictitious, or fraudulent statements or represen-
tations, or makes or uses any false writing or 
document knowing the same to contain any 
false, fictitious, or fraudulent statement or 
entry; or 
(B) creates or supplies a false writing or 
document for use in making such an applica-
tion, 
shall be fined in accordance with title 18, United 
States Code, imprisoned not more than 5 years, or 
both. 
(2) INADMISSIBILITY.—An alien who is con-
victed of a crime under paragraph (1) shall be con-
sidered to be inadmissible to the United States on 
the ground described in section 212(a)(6)(C)(i) of 
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417 
the Immigration and Nationality Act (8 U.S.C. 
1182(a)(6)(C)(i)). 
(h) ELIGIBILITY
FOR LEGAL 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 the Legal Services Corporation Act (42 
U.S.C. 2996 et seq.) from providing legal assistance di-
rectly related to an application for blue card status or an 
adjustment of status under section 103. 
(i) APPLICATION FEES.— 
(1) FEE SCHEDULE.—The Secretary shall pro-
vide for a schedule of fees that— 
(A) shall be charged for the filing of an 
application for blue card status or for an ad-
justment of status under section 103; and 
(B) may be charged by qualified des-
ignated entities to help defray the costs of serv-
ices provided to such applicants. 
(2) PROHIBITION ON EXCESS FEES BY QUALI-
FIED
DESIGNATED
ENTITIES.—A qualified des-
ignated entity may not charge any fee in excess of, 
or in addition to, the fees authorized under para-
graph (1)(B) for services provided to applicants. 
(3) DISPOSITION OF FEES.— 
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418 
(A) IN GENERAL.—There is established in 
the general fund of the Treasury a separate ac-
count, which shall be known as the ‘‘Agricul-
tural Worker Immigration Status Adjustment 
Account’’. Notwithstanding any other provision 
of law, there shall be deposited as offsetting re-
ceipts into the account all fees collected under 
paragraph (1)(A). 
(B) USE OF FEES FOR APPLICATION PROC-
ESSING.—Amounts deposited in the ‘‘Agricul-
tural Worker Immigration Status Adjustment 
Account’’ shall remain available to the Sec-
retary until expended for processing applica-
tions for blue card status or an adjustment of 
status under section 103. 
SEC. 435. WAIVER OF NUMERICAL LIMITATIONS AND CER-
TAIN GROUNDS FOR INADMISSIBILITY. 
(a) NUMERICAL LIMITATIONS DO NOT APPLY.—The 
numerical limitations of sections 201 and 202 of the Im-
migration and Nationality Act (8 U.S.C. 1151 and 1152) 
shall not apply to the adjustment of aliens to lawful per-
manent resident status under section 103. 
(b) WAIVER OF CERTAIN GROUNDS OF INADMIS-
SIBILITY.—In the determination of an alien’s eligibility for 
status under section 101(a) or an alien’s eligibility for ad-
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419 
justment of status under section 103(b)(2)(A) the fol-
lowing rules shall apply: 
(1) GROUNDS
OF
EXCLUSION
NOT
APPLICA-
BLE.—The provisions of paragraphs (5), (6)(A), (7), 
and (9) of section 212(a) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)) shall not apply. 
(2) WAIVER OF OTHER GROUNDS.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the Secretary may waive any 
other provision of such section 212(a) in the 
case of individual aliens for humanitarian pur-
poses, to ensure family unity, or if otherwise in 
the public interest. 
(B) 
GROUNDS
THAT
MAY
NOT
BE 
WAIVED.—Subparagraphs (A), (B), (C), (D), 
(G), (H), and (I) of paragraph (2) and para-
graphs (3) and (4) of such section 212(a) may 
not be waived by the Secretary under subpara-
graph (A). 
(C) 
CONSTRUCTION.—Nothing 
in 
this 
paragraph shall be construed as affecting the 
authority of the Secretary other than under this 
subparagraph to waive provisions of such sec-
tion 212(a). 
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420 
(3) SPECIAL
RULE
FOR
DETERMINATION
OF 
PUBLIC CHARGE.—An alien is not ineligible for blue 
card status or an adjustment of status under section 
103 by reason of a ground of inadmissibility under 
section 212(a)(4) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(a)(4)) if the alien dem-
onstrates a history of employment in the United 
States evidencing self-support without reliance on 
public cash assistance. 
(c) TEMPORARY STAY OF REMOVAL AND WORK AU-
THORIZATION FOR CERTAIN APPLICANTS.— 
(1) BEFORE
APPLICATION
PERIOD.—Effective 
on the date of enactment of this Act, the Secretary 
shall provide that, in the case of an alien who is ap-
prehended before the beginning of the application 
period described in section 101(a)(2) and who can 
establish a nonfrivolous case of eligibility for blue 
card status (but for the fact that the alien may not 
apply for such status until the beginning of such pe-
riod), until the alien has had the opportunity during 
the first 30 days of the application period to com-
plete the filing of an application for blue card status, 
the alien— 
(A) may not be removed; and 
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421 
(B) shall be granted authorization to en-
gage in employment in the United States and 
be provided an employment authorized endorse-
ment or other appropriate work permit for such 
purpose. 
(2) DURING APPLICATION PERIOD.—The Sec-
retary shall provide that, in the case of an alien who 
presents a nonfrivolous application for blue card sta-
tus during the application period described in section 
101(a)(2), including an alien who files such an ap-
plication within 30 days of the alien’s apprehension, 
and until a final determination on the application 
has been made in accordance with this section, the 
alien— 
(A) may not be removed; and 
(B) shall be granted authorization to en-
gage in employment in the United States and 
be provided an employment authorized endorse-
ment or other appropriate work permit for such 
purpose. 
SEC. 436. ADMINISTRATIVE AND JUDICIAL REVIEW. 
(a) IN GENERAL.—There shall be no administrative 
or judicial review of a determination respecting an applica-
tion for blue card status or adjustment of status under 
section 103 except in accordance with this section. 
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422 
(b) ADMINISTRATIVE REVIEW.— 
(1) SINGLE LEVEL OF ADMINISTRATIVE APPEL-
LATE REVIEW.—The Secretary shall establish an ap-
pellate authority to provide for a single level of ad-
ministrative appellate review of such a determina-
tion. 
(2) STANDARD FOR REVIEW.—Such administra-
tive appellate review shall be based solely upon the 
administrative record established at the time of the 
determination on the application and upon such ad-
ditional or newly discovered evidence as may not 
have been available at the time of the determination. 
(c) JUDICIAL REVIEW.— 
(1) LIMITATION
TO
REVIEW
OF
REMOVAL.— 
There shall be judicial review of such a determina-
tion only in the judicial review of an order of re-
moval under section 242 of the Immigration and 
Nationality Act (8 U.S.C. 1252). 
(2) STANDARD FOR JUDICIAL REVIEW.—Such 
judicial review shall be based solely upon the admin-
istrative record established at the time of the review 
by the appellate authority and the findings of fact 
and determinations contained in such record shall be 
conclusive unless the applicant can establish abuse 
of discretion or that the findings are directly con-
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423 
trary to clear and convincing facts contained in the 
record considered as a whole. 
SEC. 437. USE OF INFORMATION. 
Beginning not later than the first day of the applica-
tion period described in section 101(a)(2), the Secretary, 
in cooperation with qualified designated entities (as that 
term is defined in section 104(b)), shall broadly dissemi-
nate information respecting the benefits that aliens may 
receive under this subtitle and the requirements that an 
alien is required to meet to receive such benefits. 
SEC. 438. REGULATIONS, EFFECTIVE DATE, AUTHORIZA-
TION OF APPROPRIATIONS. 
(a) REGULATIONS.—The Secretary shall issue regula-
tions to implement this subtitle not later than the first 
day of the seventh month that begins after the date of 
enactment of this Act. 
(b) EFFECTIVE DATE.—This subtitle shall take effect 
on the date that regulations required by subsection (a) are 
issued, regardless of whether such regulations are issued 
on an interim basis or on any other basis. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary such 
sums as may be necessary to implement this subtitle, in-
cluding any sums needed for costs associated with the ini-
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tiation of such implementation, for fiscal years 2009 and 
2010. 
Subchapter B—Correction of Social Security 
Records 
SEC. 441. CORRECTION OF SOCIAL SECURITY RECORDS. 
(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; 
(2) in subparagraph (C), by inserting ‘‘or’’ at 
the end; 
(3) by inserting after subparagraph (C) the fol-
lowing: 
‘‘(D) who is granted blue card status under the 
Agricultural Job Opportunities, Benefits, and Secu-
rity Act of 2009’’; and 
(4) by striking ‘‘1990.’’ and inserting ‘‘1990, or 
in the case of an alien described in subparagraph 
(D), if such conduct is alleged to have occurred be-
fore the date on which the alien was granted blue 
card status.’’. 
(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. 
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425 
CHAPTER 3—REFORM OF H–2A WORKER 
PROGRAM 
SEC. 451. AMENDMENTS TO THE IMMIGRATION AND NA-
TIONALITY ACT. 
(a) IN GENERAL.—Title II of the Immigration and 
Nationality Act (8 U.S.C. 1151 et seq.) is amended by 
striking section 218 and inserting the following: 
‘‘SEC. 218. H–2A EMPLOYER APPLICATIONS. 
‘‘(a) 
APPLICATIONS
TO
THE
SECRETARY
OF 
LABOR.— 
‘‘(1) IN GENERAL.—No alien may be admitted 
to the United States as an H–2A worker, or other-
wise provided status as an H–2A worker, unless the 
employer has filed with the Secretary of Labor an 
application containing— 
‘‘(A) the assurances described in sub-
section (b); 
‘‘(B) a description of the nature and loca-
tion of the work to be performed; 
‘‘(C) the anticipated period (expected be-
ginning and ending dates) for which the work-
ers will be needed; and 
‘‘(D) the number of job opportunities in 
which the employer seeks to employ the work-
ers. 
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‘‘(2) ACCOMPANIED BY JOB OFFER.—Each ap-
plication filed under paragraph (1) shall be accom-
panied by a copy of the job offer describing the 
wages and other terms and conditions of employ-
ment and the bona fide occupational qualifications 
that shall be possessed by a worker to be employed 
in the job opportunity in question. 
‘‘(b) ASSURANCES
FOR INCLUSION
IN APPLICA-
TIONS.—The assurances referred to in subsection (a)(1) 
are the following: 
‘‘(1) JOB
OPPORTUNITIES
COVERED
BY
COL-
LECTIVE BARGAINING AGREEMENTS.—With respect 
to a job opportunity that is covered under a collec-
tive bargaining agreement: 
‘‘(A) UNION CONTRACT DESCRIBED.—The 
job opportunity is covered by a union contract 
which was negotiated at arm’s length between a 
bona fide union and the employer. 
‘‘(B) STRIKE OR LOCKOUT.—The specific 
job opportunity for which the employer is re-
questing an H–2A worker is not vacant because 
the former occupant is on strike or being locked 
out in the course of a labor dispute. 
‘‘(C) NOTIFICATION OF BARGAINING REP-
RESENTATIVES.—The employer, at the time of 
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filing the application, has provided notice of the 
filing under this paragraph to the bargaining 
representative of the employer’s employees in 
the occupational classification at the place or 
places of employment for which aliens are 
sought. 
‘‘(D) TEMPORARY OR SEASONAL JOB OP-
PORTUNITIES.—The job opportunity is tem-
porary or seasonal. 
‘‘(E) OFFERS TO UNITED STATES WORK-
ERS.—The employer has offered or will offer 
the job to any eligible United States worker 
who applies and is equally or better qualified 
for the job for which the nonimmigrant is, or 
the nonimmigrants are, sought and who will be 
available at the time and place of need. 
‘‘(F) PROVISION
OF
INSURANCE.—If the 
job opportunity is not covered by the State 
workers’ compensation law, the employer will 
provide, at no cost to the worker, insurance cov-
ering injury and disease arising out of, and in 
the course of, the worker’s employment which 
will provide benefits at least equal to those pro-
vided under the State’s workers’ compensation 
law for comparable employment. 
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‘‘(2) JOB
OPPORTUNITIES
NOT
COVERED
BY 
COLLECTIVE BARGAINING AGREEMENTS.—With re-
spect to a job opportunity that is not covered under 
a collective bargaining agreement: 
‘‘(A) STRIKE OR LOCKOUT.—The specific 
job opportunity for which the employer has ap-
plied for an H–2A worker is not vacant because 
the former occupant is on strike or being locked 
out in the course of a labor dispute. 
‘‘(B) TEMPORARY OR SEASONAL JOB OP-
PORTUNITIES.—The job opportunity is tem-
porary or seasonal. 
‘‘(C) BENEFIT, WAGE, AND WORKING CON-
DITIONS.—The employer will provide, at a min-
imum, the benefits, wages, and working condi-
tions required by section 218A to all workers 
employed in the job opportunities for which the 
employer has applied for an H–2A worker 
under subsection (a) and to all other workers in 
the same occupation at the place of employ-
ment. 
‘‘(D) 
NONDISPLACEMENT
OF
UNITED 
STATES WORKERS.—The employer did not dis-
place and will not displace a United States 
worker employed by the employer during the 
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period of employment and for a period of 30 
days preceding the period of employment in the 
occupation at the place of employment for 
which the employer has applied for an H–2A 
worker. 
‘‘(E) REQUIREMENTS FOR PLACEMENT OF 
THE
NONIMMIGRANT
WITH
OTHER
EMPLOY-
ERS.—The employer will not place the non-
immigrant with another employer unless— 
‘‘(i) the nonimmigrant performs du-
ties in whole or in part at 1 or more work-
sites owned, operated, or controlled by 
such other employer; 
‘‘(ii) there are indicia of an employ-
ment 
relationship 
between 
the 
non-
immigrant and such other employer; and 
‘‘(iii) the employer has inquired of the 
other employer as to whether, and has no 
actual knowledge or notice that, during the 
period of employment and for a period of 
30 days preceding the period of employ-
ment, the other employer has displaced or 
intends to displace a United States worker 
employed by the other employer in the oc-
cupation at the place of employment for 
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which the employer seeks approval to em-
ploy H–2A workers. 
‘‘(F) STATEMENT OF LIABILITY.—The ap-
plication form shall include a clear statement 
explaining the liability under subparagraph (E) 
of an employer if the other employer described 
in such subparagraph displaces a United States 
worker as described in such subparagraph. 
‘‘(G) PROVISION
OF
INSURANCE.—If the 
job opportunity is not covered by the State 
workers’ compensation law, the employer will 
provide, at no cost to the worker, insurance cov-
ering injury and disease arising out of and in 
the course of the worker’s employment which 
will provide benefits at least equal to those pro-
vided under the State’s workers’ compensation 
law for comparable employment. 
‘‘(H) EMPLOYMENT
OF
UNITED
STATES 
WORKERS.— 
‘‘(i) RECRUITMENT.—The employer 
has taken or will take the following steps 
to recruit United States workers for the 
job opportunities for which the H–2A non-
immigrant is, or H–2A nonimmigrants are, 
sought: 
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‘‘(I) 
CONTACTING
FORMER 
WORKERS.—The employer shall make 
reasonable efforts through the sending 
of a letter by United States Postal 
Service mail, or otherwise, to contact 
any United States worker the em-
ployer employed during the previous 
season in the occupation at the place 
of intended employment for which the 
employer is applying for workers and 
has made the availability of the em-
ployer’s job opportunities in the occu-
pation at the place of intended em-
ployment known to such previous 
workers, unless the worker was termi-
nated from employment by the em-
ployer for a lawful job-related reason 
or abandoned the job before the work-
er completed the period of employ-
ment of the job opportunity for which 
the worker was hired. 
‘‘(II) FILING A JOB OFFER WITH 
THE
LOCAL
OFFICE
OF
THE
STATE 
EMPLOYMENT
SECURITY
AGENCY.— 
Not later than 28 days before the 
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date on which the employer desires to 
employ an H–2A worker in a tem-
porary or seasonal agricultural job op-
portunity, the employer shall submit a 
copy of the job offer described in sub-
section (a)(2) to the local office of the 
State employment security agency 
which serves the area of intended em-
ployment and authorize the posting of 
the job opportunity on ‘America’s Job 
Bank’ or other electronic job registry, 
except that nothing in this subclause 
shall require the employer to file an 
interstate job order under section 653 
of title 20, Code of Federal Regula-
tions. 
‘‘(III) ADVERTISING OF JOB OP-
PORTUNITIES.—Not later than 14 
days before the date on which the em-
ployer desires to employ an H–2A 
worker in a temporary or seasonal ag-
ricultural job opportunity, the em-
ployer shall advertise the availability 
of the job opportunities for which the 
employer is seeking workers in a pub-
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lication in the local labor market that 
is likely to be patronized by potential 
farm workers. 
‘‘(IV) 
EMERGENCY
PROCE-
DURES.—The 
Secretary 
of 
Labor 
shall, by regulation, provide a proce-
dure for acceptance and approval of 
applications in which the employer 
has not complied with the provisions 
of this subparagraph because the em-
ployer’s need for H–2A workers could 
not reasonably have been foreseen. 
‘‘(ii) JOB OFFERS.—The employer has 
offered or will offer the job to any eligible 
United States worker who applies and is 
equally or better qualified for the job for 
which the nonimmigrant is, or non-
immigrants are, sought and who will be 
available at the time and place of need. 
‘‘(iii) PERIOD OF EMPLOYMENT.—The 
employer will provide employment to any 
qualified United States worker who applies 
to the employer during the period begin-
ning on the date on which the H–2A work-
er departs for the employer’s place of em-
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ployment and ending on the date on which 
50 percent of the period of employment for 
which the H–2A worker who is in the job 
was hired has elapsed, subject to the fol-
lowing requirements: 
‘‘(I) PROHIBITION.—No person 
or entity shall willfully and knowingly 
withhold United States workers before 
the arrival of H–2A workers in order 
to force the hiring of United States 
workers under this clause. 
‘‘(II) COMPLAINTS.—Upon re-
ceipt of a complaint by an employer 
that a violation of subclause (I) has 
occurred, the Secretary of Labor shall 
immediately investigate. The Sec-
retary of Labor shall, within 36 hours 
of the receipt of the complaint, issue 
findings concerning the alleged viola-
tion. If the Secretary of Labor finds 
that a violation has occurred, the Sec-
retary of Labor shall immediately sus-
pend the application of this clause 
with respect to that certification for 
that date of need. 
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‘‘(III) PLACEMENT
OF
UNITED 
STATES
WORKERS.—Before referring 
a United States worker to an em-
ployer during the period described in 
the matter preceding subclause (I), 
the Secretary of Labor shall make all 
reasonable efforts to place the United 
States worker in an open job accept-
able to the worker, if there are other 
job offers pending with the job service 
that offer similar job opportunities in 
the area of intended employment. 
‘‘(iv) STATUTORY
CONSTRUCTION.— 
Nothing in this subparagraph shall be con-
strued to prohibit an employer from using 
such legitimate selection criteria relevant 
to the type of job that are normal or cus-
tomary to the type of job involved so long 
as such criteria are not applied in a dis-
criminatory manner. 
‘‘(c) APPLICATIONS BY ASSOCIATIONS ON BEHALF 
OF EMPLOYER MEMBERS.— 
‘‘(1) IN GENERAL.—An agricultural association 
may file an application under subsection (a) on be-
half of 1 or more of its employer members that the 
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association certifies in its application has or have 
agreed in writing to comply with the requirements of 
this section and sections 218A, 218B, and 218C. 
‘‘(2) TREATMENT OF ASSOCIATIONS ACTING AS 
EMPLOYERS.—If an association filing an application 
under paragraph (1) is a joint or sole employer of 
the temporary or seasonal agricultural workers re-
quested on the application, the certifications granted 
under subsection (e)(2)(B) to the association may be 
used for the certified job opportunities of any of its 
producer members named on the application, and 
such workers may be transferred among such pro-
ducer members to perform the agricultural services 
of a temporary or seasonal nature for which the cer-
tifications were granted. 
‘‘(d) WITHDRAWAL OF APPLICATIONS.— 
‘‘(1) IN GENERAL.—An employer may withdraw 
an application filed pursuant to subsection (a), ex-
cept that if the employer is an agricultural associa-
tion, the association may withdraw an application 
filed pursuant to subsection (a) with respect to 1 or 
more of its members. To withdraw an application, 
the employer or association shall notify the Sec-
retary of Labor in writing, and the Secretary of 
Labor shall acknowledge in writing the receipt of 
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such withdrawal notice. An employer who withdraws 
an application under subsection (a), or on whose be-
half an application is withdrawn, is relieved of the 
obligations undertaken in the application. 
‘‘(2) LIMITATION.—An application may not be 
withdrawn while any alien provided status under sec-
tion 101(a)(15)(H)(ii)(a) pursuant to such applica-
tion is employed by the employer. 
‘‘(3) OBLIGATIONS UNDER OTHER STATUTES.— 
Any obligation incurred by an employer under any 
other law or regulation as a result of the recruit-
ment of United States workers or H–2A workers 
under an offer of terms and conditions of employ-
ment required as a result of making an application 
under subsection (a) is unaffected by withdrawal of 
such application. 
‘‘(e) REVIEW AND APPROVAL OF APPLICATIONS.— 
‘‘(1) RESPONSIBILITY
OF
EMPLOYERS.—The 
employer shall make available for public examina-
tion, within 1 working day after the date on which 
an application under subsection (a) is filed, at the 
employer’s principal place of business or worksite, a 
copy of each such application (and such accom-
panying documents as are necessary). 
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438 
‘‘(2) RESPONSIBILITY OF THE SECRETARY OF 
LABOR.— 
‘‘(A) COMPILATION
OF
LIST.—The Sec-
retary of Labor shall compile, on a current 
basis, a list (by employer and by occupational 
classification) of the applications filed under 
subsection (a). Such list shall include the wage 
rate, number of workers sought, period of in-
tended employment, and date of need. The Sec-
retary of Labor shall make such list available 
for examination in the District of Columbia. 
‘‘(B) REVIEW
OF
APPLICATIONS.—The 
Secretary of Labor shall review such an applica-
tion only for completeness and obvious inac-
curacies. Unless the Secretary of Labor finds 
that the application is incomplete or obviously 
inaccurate, the Secretary of Labor shall certify 
that the intending employer has filed with the 
Secretary of Labor an application as described 
in subsection (a). Such certification shall be 
provided within 7 days of the filing of the appli-
cation.’’ 
‘‘SEC. 218A. H–2A EMPLOYMENT REQUIREMENTS. 
‘‘(a) PREFERENTIAL TREATMENT OF ALIENS PRO-
HIBITED.—Employers seeking to hire United States work-
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ers shall offer the United States workers no less than the 
same benefits, wages, and working conditions that the em-
ployer is offering, intends to offer, or will provide to H– 
2A workers. Conversely, no job offer may impose on 
United States workers any restrictions or obligations 
which will not be imposed on the employer’s H–2A work-
ers. 
‘‘(b) MINIMUM BENEFITS, WAGES, AND WORKING 
CONDITIONS.—Except in cases where higher benefits, 
wages, or working conditions are required by the provi-
sions of subsection (a), in order to protect similarly em-
ployed United States workers from adverse effects with 
respect to benefits, wages, and working conditions, every 
job offer which shall accompany an application under sec-
tion 218(b)(2) shall include each of the following benefit, 
wage, and working condition provisions: 
‘‘(1) REQUIREMENT TO PROVIDE HOUSING OR A 
HOUSING ALLOWANCE.— 
‘‘(A) IN GENERAL.—An employer applying 
under section 218(a) for H–2A workers shall 
offer to provide housing at no cost to all work-
ers in job opportunities for which the employer 
has applied under that section and to all other 
workers in the same occupation at the place of 
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employment, whose place of residence is beyond 
normal commuting distance. 
‘‘(B) TYPE
OF
HOUSING.—In complying 
with subparagraph (A), an employer may, at 
the employer’s election, provide housing that 
meets applicable Federal standards for tem-
porary labor camps or secure housing that 
meets applicable local standards for rental or 
public accommodation housing or other sub-
stantially similar class of habitation, or in the 
absence of applicable local standards, State 
standards for rental or public accommodation 
housing or other substantially similar class of 
habitation. In the absence of applicable local or 
State standards, Federal temporary labor camp 
standards shall apply. 
‘‘(C) FAMILY HOUSING.—If it is the pre-
vailing practice in the occupation and area of 
intended employment to provide family housing, 
family housing shall be provided to workers 
with families who request it. 
‘‘(D) WORKERS ENGAGED IN THE RANGE 
PRODUCTION OF LIVESTOCK.—The Secretary of 
Labor shall issue regulations that address the 
specific requirements for the provision of hous-
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ing to workers engaged in the range production 
of livestock. 
‘‘(E) LIMITATION.—Nothing in this para-
graph shall be construed to require an employer 
to provide or secure housing for persons who 
were not entitled to such housing under the 
temporary labor certification regulations in ef-
fect on June 1, 1986. 
‘‘(F) CHARGES FOR HOUSING.— 
‘‘(i) CHARGES
FOR
PUBLIC
HOUS-
ING.—If public housing provided for mi-
grant agricultural workers under the aus-
pices of a local, county, or State govern-
ment is secured by an employer, and use of 
the public housing unit normally requires 
charges 
from 
migrant 
workers, 
such 
charges shall be paid by the employer di-
rectly to the appropriate individual or enti-
ty affiliated with the housing’s manage-
ment. 
‘‘(ii) DEPOSIT CHARGES.—Charges in 
the form of deposits for bedding or other 
similar incidentals related to housing shall 
not be levied upon workers by employers 
who provide housing for their workers. An 
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employer may require a worker found to 
have been responsible for damage to such 
housing which is not the result of normal 
wear and tear related to habitation to re-
imburse the employer for the reasonable 
cost of repair of such damage. 
‘‘(G) HOUSING
ALLOWANCE
AS
ALTER-
NATIVE.— 
‘‘(i) IN GENERAL.—If the requirement 
set out in clause (ii) is satisfied, the em-
ployer may provide a reasonable housing 
allowance instead of offering housing 
under subparagraph (A). Upon the request 
of a worker seeking assistance in locating 
housing, the employer shall make a good 
faith effort to assist the worker in identi-
fying and locating housing in the area of 
intended employment. An employer who of-
fers a housing allowance to a worker, or 
assists a worker in locating housing which 
the worker occupies, pursuant to this 
clause shall not be deemed a housing pro-
vider under section 203 of the Migrant and 
Seasonal Agricultural Worker Protection 
Act (29 U.S.C. 1823) solely by virtue of 
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providing such housing allowance. No 
housing allowance may be used for housing 
which is owned or controlled by the em-
ployer. 
‘‘(ii) CERTIFICATION.—The require-
ment of this clause is satisfied if the Gov-
ernor of the State certifies to the Secretary 
of Labor that there is adequate housing 
available in the area of intended employ-
ment for migrant farm workers and H–2A 
workers who are seeking temporary hous-
ing while employed in agricultural work. 
Such certification shall expire after 3 years 
unless renewed by the Governor of the 
State. 
‘‘(iii) AMOUNT OF ALLOWANCE.— 
‘‘(I) NONMETROPOLITAN
COUN-
TIES.—If the place of employment of 
the workers provided an allowance 
under this subparagraph is a non-
metropolitan county, the amount of 
the housing allowance under this sub-
paragraph shall be equal to the state-
wide average fair market rental for 
existing housing for nonmetropolitan 
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counties for the State, as established 
by the Secretary of Housing and 
Urban Development pursuant to sec-
tion 8(c) of the United States Hous-
ing Act of 1937 (42 U.S.C. 1437f(c)), 
based on a 2-bedroom dwelling unit 
and an assumption of 2 persons per 
bedroom. 
‘‘(II) 
METROPOLITAN
COUN-
TIES.—If the place of employment of 
the workers provided an allowance 
under this paragraph is in a metro-
politan county, the amount of the 
housing allowance under this subpara-
graph shall be equal to the statewide 
average fair market rental for existing 
housing for metropolitan counties for 
the State, as established by the Sec-
retary of Housing and Urban Devel-
opment pursuant to section 8(c) of 
the United States Housing Act of 
1937 (42 U.S.C. 1437f(c)), based on 
a 2-bedroom dwelling unit and an as-
sumption of 2 persons per bedroom. 
‘‘(2) REIMBURSEMENT OF TRANSPORTATION.— 
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‘‘(A) TO
PLACE
OF
EMPLOYMENT.—A 
worker who completes 50 percent of the period 
of employment of the job opportunity for which 
the worker was hired shall be reimbursed by the 
employer for the cost of the worker’s transpor-
tation and subsistence from the place from 
which the worker came to work for the em-
ployer (or place of last employment, if the 
worker traveled from such place) to the place of 
employment. 
‘‘(B) FROM PLACE OF EMPLOYMENT.—A 
worker who completes the period of employment 
for the job opportunity involved shall be reim-
bursed by the employer for the cost of the 
worker’s transportation and subsistence from 
the place of employment to the place from 
which the worker, disregarding intervening em-
ployment, came to work for the employer, or to 
the place of next employment, if the worker has 
contracted with a subsequent employer who has 
not agreed to provide or pay for the worker’s 
transportation and subsistence to such subse-
quent employer’s place of employment. 
‘‘(C) LIMITATION.— 
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446 
‘‘(i) AMOUNT OF REIMBURSEMENT.— 
Except as provided in clause (ii), the 
amount of reimbursement provided under 
subparagraph (A) or (B) to a worker or 
alien shall not exceed the lesser of— 
‘‘(I) the actual cost to the worker 
or alien of the transportation and sub-
sistence involved; or 
‘‘(II) the most economical and 
reasonable common carrier transpor-
tation charges and subsistence costs 
for the distance involved. 
‘‘(ii) DISTANCE TRAVELED.—No reim-
bursement under subparagraph (A) or (B) 
shall be required if the distance traveled is 
100 miles or less, or the worker is not re-
siding in employer-provided housing or 
housing secured through an allowance as 
provided in paragraph (1)(G). 
‘‘(D) EARLY TERMINATION.—If the worker 
is laid off or employment is terminated for con-
tract impossibility (as described in paragraph 
(4)(D)) before the anticipated ending date of 
employment, the employer shall provide the 
transportation and subsistence required by sub-
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447 
paragraph (B) and, notwithstanding whether 
the worker has completed 50 percent of the pe-
riod of employment, shall provide the transpor-
tation reimbursement required by subparagraph 
(A). 
‘‘(E) TRANSPORTATION BETWEEN LIVING 
QUARTERS
AND
WORKSITE.—The employer 
shall provide transportation between the work-
er’s living quarters and the employer’s worksite 
without cost to the worker, and such transpor-
tation will be in accordance with applicable laws 
and regulations. 
‘‘(3) REQUIRED WAGES.— 
‘‘(A) IN GENERAL.—An employer applying 
for workers under section 218(a) shall offer to 
pay, and shall pay, all workers in the occupa-
tion for which the employer has applied for 
workers, not less (and is not required to pay 
more) than the greater of the prevailing wage 
in the occupation in the area of intended em-
ployment or the adverse effect wage rate. No 
worker shall be paid less than the greater of the 
hourly wage prescribed under section 6(a)(1) of 
the Fair Labor Standards Act of 1938 (29 
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U.S.C. 206(a)(1)) or the applicable State min-
imum wage. 
‘‘(B) LIMITATION.—Effective on the date 
of the enactment of the Agricultural Job Op-
portunities, Benefits, and Security Act of 2009 
and continuing for 3 years thereafter, no ad-
verse effect wage rate for a State may be more 
than the adverse effect wage rate for that State 
in effect on January 1, 2009, as established by 
section 655.107 of title 20, Code of Federal 
Regulations. 
‘‘(C) REQUIRED
WAGES
AFTER
3-YEAR 
FREEZE.— 
‘‘(i) FIRST
ADJUSTMENT.—If Con-
gress does not set a new wage standard 
applicable to this section before the first 
March 1 that is not less than 3 years after 
the date of enactment of this section, the 
adverse effect wage rate for each State be-
ginning on such March 1 shall be the wage 
rate that would have resulted if the ad-
verse effect wage rate in effect on January 
1, 2009, had been annually adjusted, be-
ginning on March 1, 2012, by the lesser 
of— 
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‘‘(I) the 12-month percentage 
change in the Consumer Price Index 
for All Urban Consumers between De-
cember of the second preceding year 
and December of the preceding year; 
and 
‘‘(II) 4 percent. 
‘‘(ii) SUBSEQUENT ANNUAL ADJUST-
MENTS.—Beginning on the first March 1 
that is not less than 4 years after the date 
of enactment of this section, and each 
March 1 thereafter, the adverse effect 
wage rate then in effect for each State 
shall be adjusted by the lesser of— 
‘‘(I) the 12-month percentage 
change in the Consumer Price Index 
for All Urban Consumers between De-
cember of the second preceding year 
and December of the preceding year; 
and 
‘‘(II) 4 percent. 
‘‘(D) DEDUCTIONS.—The employer shall 
make only those deductions from the worker’s 
wages that are authorized by law or are reason-
able and customary in the occupation and area 
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of employment. The job offer shall specify all 
deductions not required by law which the em-
ployer will make from the worker’s wages. 
‘‘(E) FREQUENCY OF PAY.—The employer 
shall pay the worker not less frequently than 
twice monthly, or in accordance with the pre-
vailing practice in the area of employment, 
whichever is more frequent. 
‘‘(F) 
HOURS
AND
EARNINGS
STATE-
MENTS.—The employer shall furnish to the 
worker, on or before each payday, in 1 or more 
written statements— 
‘‘(i) the worker’s total earnings for 
the pay period; 
‘‘(ii) the worker’s hourly rate of pay, 
piece rate of pay, or both; 
‘‘(iii) the hours of employment which 
have been offered to the worker (broken 
out by hours offered in accordance with 
and over and above the 3⁄4 guarantee de-
scribed in paragraph (4); 
‘‘(iv) the hours actually worked by the 
worker; 
‘‘(v) an itemization of the deductions 
made from the worker’s wages; and 
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‘‘(vi) if piece rates of pay are used, 
the units produced daily. 
‘‘(G) REPORT ON WAGE PROTECTIONS.— 
Not later than December 31, 2011, the Comp-
troller General of the United States shall pre-
pare and transmit to the Secretary of Labor, 
the Committee on the Judiciary of the Senate, 
and Committee on the Judiciary of the House 
of Representatives, a report that addresses— 
‘‘(i) whether the employment of H–2A 
or unauthorized aliens in the United States 
agricultural 
workforce 
has 
depressed 
United States farm worker wages below 
the levels that would otherwise have pre-
vailed if alien farm workers had not been 
employed in the United States; 
‘‘(ii) whether an adverse effect wage 
rate is necessary to prevent wages of 
United States farm workers in occupations 
in which H–2A workers are employed from 
falling below the wage levels that would 
have prevailed in the absence of the em-
ployment of H–2A workers in those occu-
pations; 
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‘‘(iii) whether alternative wage stand-
ards, such as a prevailing wage standard, 
would be sufficient to prevent wages in oc-
cupations in which H–2A workers are em-
ployed from falling below the wage level 
that would have prevailed in the absence of 
H–2A employment; 
‘‘(iv) whether any changes are war-
ranted in the current methodologies for 
calculating the adverse effect wage rate 
and the prevailing wage; and 
‘‘(v) recommendations for future wage 
protection under this section. 
‘‘(H) COMMISSION
ON
WAGE
STAND-
ARDS.— 
‘‘(i) ESTABLISHMENT.—There is es-
tablished the Commission on Agricultural 
Wage Standards under the H–2A program 
(in this subparagraph referred to as the 
‘Commission’). 
‘‘(ii) COMPOSITION.—The Commission 
shall consist of 10 members as follows: 
‘‘(I) Four representatives of agri-
cultural employers and 1 representa-
tive of the Department of Agriculture, 
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each appointed by the Secretary of 
Agriculture. 
‘‘(II) Four representatives of ag-
ricultural workers and 1 representa-
tive of the Department of Labor, each 
appointed by the Secretary of Labor. 
‘‘(iii) FUNCTIONS.—The Commission 
shall conduct a study that shall address— 
‘‘(I) whether the employment of 
H–2A or unauthorized aliens in the 
United States agricultural workforce 
has depressed United States farm 
worker wages below the levels that 
would otherwise have prevailed if alien 
farm workers had not been employed 
in the United States; 
‘‘(II) whether an adverse effect 
wage rate is necessary to prevent 
wages of United States farm workers 
in occupations in which H–2A work-
ers are employed from falling below 
the wage levels that would have pre-
vailed in the absence of the employ-
ment of H–2A workers in those occu-
pations; 
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‘‘(III) whether alternative wage 
standards, such as a prevailing wage 
standard, would be sufficient to pre-
vent wages in occupations in which 
H–2A workers are employed from fall-
ing below the wage level that would 
have prevailed in the absence of H–2A 
employment; 
‘‘(IV) whether any changes are 
warranted in the current methodolo-
gies for calculating the adverse effect 
wage rate and the prevailing wage 
rate; and 
‘‘(V) recommendations for future 
wage protection under this section. 
‘‘(iv) FINAL REPORT.—Not later than 
December 31, 2011, the Commission shall 
submit a report to the Congress setting 
forth the findings of the study conducted 
under clause (iii). 
‘‘(v) TERMINATION DATE.—The Com-
mission shall terminate upon submitting 
its final report. 
‘‘(4) GUARANTEE OF EMPLOYMENT.— 
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‘‘(A) OFFER TO WORKER.—The employer 
shall guarantee to offer the worker employment 
for the hourly equivalent of at least 3⁄4 of the 
work days of the total period of employment, 
beginning with the first work day after the ar-
rival of the worker at the place of employment 
and ending on the expiration date specified in 
the job offer. For purposes of this subpara-
graph, the hourly equivalent means the number 
of hours in the work days as stated in the job 
offer and shall exclude the worker’s Sabbath 
and Federal holidays. If the employer affords 
the United States or H–2A worker less employ-
ment than that required under this paragraph, 
the employer shall pay such worker the amount 
which the worker would have earned had the 
worker, in fact, worked for the guaranteed 
number of hours. 
‘‘(B) FAILURE
TO
WORK.—Any hours 
which the worker fails to work, up to a max-
imum of the number of hours specified in the 
job offer for a work day, when the worker has 
been offered an opportunity to do so, and all 
hours of work actually performed (including vol-
untary work in excess of the number of hours 
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456 
specified in the job offer in a work day, on the 
worker’s Sabbath, or on Federal holidays) may 
be counted by the employer in calculating 
whether the period of guaranteed employment 
has been met. 
‘‘(C) ABANDONMENT
OF
EMPLOYMENT, 
TERMINATION FOR CAUSE.—If the worker vol-
untarily abandons employment before the end 
of the contract period, or is terminated for 
cause, the worker is not entitled to the ‘3⁄4 
guarantee’ described in subparagraph (A). 
‘‘(D) CONTRACT
IMPOSSIBILITY.—If, be-
fore the expiration of the period of employment 
specified in the job offer, the services of the 
worker are no longer required for reasons be-
yond the control of the employer due to any 
form of natural disaster, including a flood, hur-
ricane, freeze, earthquake, fire, drought, plant 
or animal disease or pest infestation, or regu-
latory drought, before the guarantee in sub-
paragraph (A) is fulfilled, the employer may 
terminate the worker’s employment. In the 
event of such termination, the employer shall 
fulfill the employment guarantee in subpara-
graph (A) for the work days that have elapsed 
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from the first work day after the arrival of the 
worker to the termination of employment. In 
such cases, the employer will make efforts to 
transfer the United States worker to other com-
parable employment acceptable to the worker. If 
such transfer is not effected, the employer shall 
provide the return transportation required in 
paragraph (2)(D). 
‘‘(5) MOTOR VEHICLE SAFETY.— 
‘‘(A) MODE OF TRANSPORTATION SUBJECT 
TO COVERAGE.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clauses (iii) and (iv), this sub-
section applies to any H–2A employer that 
uses or causes to be used any vehicle to 
transport an H–2A worker within the 
United States. 
‘‘(ii) DEFINED TERM.—In this para-
graph, the term ‘uses or causes to be 
used’— 
‘‘(I) applies only to transpor-
tation provided by an H–2A employer 
to an H–2A worker, or by a farm 
labor contractor to an H–2A worker 
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at the request or direction of an H– 
2A employer; and 
‘‘(II) does not apply to— 
‘‘(aa) 
transportation 
pro-
vided, or transportation arrange-
ments made, by an H–2A work-
er, unless the employer specifi-
cally requested or arranged such 
transportation; or 
‘‘(bb) car pooling arrange-
ments made by H–2A workers 
themselves, using 1 of the work-
ers’ own vehicles, unless specifi-
cally requested by the employer 
directly or through a farm labor 
contractor. 
‘‘(iii) CLARIFICATION.—Providing a 
job offer to an H–2A worker that causes 
the worker to travel to or from the place 
of employment, or the payment or reim-
bursement of the transportation costs of 
an H–2A worker by an H–2A employer, 
shall not constitute an arrangement of, or 
participation in, such transportation. 
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459 
‘‘(iv) AGRICULTURAL MACHINERY AND 
EQUIPMENT
EXCLUDED.—This subsection 
does not apply to the transportation of an 
H–2A worker on a tractor, combine, har-
vester, picker, or other similar machinery 
or equipment while such worker is actually 
engaged in the planting, cultivating, or 
harvesting of agricultural commodities or 
the care of livestock or poultry or engaged 
in transportation incidental thereto. 
‘‘(v) 
COMMON
CARRIERS
EX-
CLUDED.—This subsection does not apply 
to common carrier motor vehicle transpor-
tation in which the provider holds itself out 
to the general public as engaging in the 
transportation of passengers for hire and 
holds a valid certification of authorization 
for such purposes from an appropriate 
Federal, State, or local agency. 
‘‘(B) APPLICABILITY OF STANDARDS, LI-
CENSING, AND INSURANCE REQUIREMENTS.— 
‘‘(i) IN
GENERAL.—When using, or 
causing to be used, any vehicle for the pur-
pose of providing transportation to which 
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460 
this subparagraph applies, each employer 
shall— 
‘‘(I) ensure that each such vehi-
cle conforms to the standards pre-
scribed by the Secretary of Labor 
under section 401(b) of the Migrant 
and Seasonal Agricultural Worker 
Protection Act (29 U.S.C. 1841(b)) 
and other applicable Federal and 
State safety standards; 
‘‘(II) ensure that each driver has 
a valid and appropriate license, as 
provided by State law, to operate the 
vehicle; and 
‘‘(III) have an insurance policy 
or a liability bond that is in effect 
which insures the employer against li-
ability for damage to persons or prop-
erty arising from the ownership, oper-
ation, or causing to be operated, of 
any vehicle used to transport any H– 
2A worker. 
‘‘(ii) AMOUNT
OF
INSURANCE
RE-
QUIRED.—The level of insurance required 
shall be determined by the Secretary of 
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Labor pursuant to regulations to be issued 
under this subsection. 
‘‘(iii) EFFECT
OF
WORKERS’ COM-
PENSATION
COVERAGE.—If the employer 
of any H–2A worker provides workers’ 
compensation coverage for such worker in 
the case of bodily injury or death as pro-
vided by State law, the following adjust-
ments in the requirements of subparagraph 
(B)(i)(III) relating to having an insurance 
policy or liability bond apply: 
‘‘(I) No insurance policy or liabil-
ity bond shall be required of the em-
ployer, if such workers are trans-
ported only under circumstances for 
which there is coverage under such 
State law. 
‘‘(II) An insurance policy or li-
ability bond shall be required of the 
employer for circumstances under 
which coverage for the transportation 
of such workers is not provided under 
such State law. 
‘‘(c) COMPLIANCE WITH LABOR LAWS.—An em-
ployer shall assure that, except as otherwise provided in 
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this section, the employer will comply with all applicable 
Federal, State, and local labor laws, including laws affect-
ing migrant and seasonal agricultural workers, with re-
spect to all United States workers and alien workers em-
ployed by the employer, except that a violation of this as-
surance shall not constitute a violation of the Migrant and 
Seasonal Agricultural Worker Protection Act (29 U.S.C. 
1801 et seq.). 
‘‘(d) COPY OF JOB OFFER.—The employer shall pro-
vide to the worker, not later than the day the work com-
mences, a copy of the employer’s application and job offer 
described in section 218(a), or, if the employer will require 
the worker to enter into a separate employment contract 
covering the employment in question, such separate em-
ployment contract. 
‘‘(e) RANGE PRODUCTION OF LIVESTOCK.—Nothing 
in this section, section 218, or section 218B shall preclude 
the Secretary of Labor and the Secretary from continuing 
to apply special procedures and requirements to the ad-
mission and employment of aliens in occupations involving 
the range production of livestock. 
‘‘SEC. 218B. PROCEDURE FOR ADMISSION AND EXTENSION 
OF STAY OF H–2A WORKERS. 
‘‘(a) PETITIONING FOR ADMISSION.—An employer, 
or an association acting as an agent or joint employer for 
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463 
its members, that seeks the admission into the United 
States of an H–2A worker may file a petition with the 
Secretary. The petition shall be accompanied by an accept-
ed and currently valid certification provided by the Sec-
retary of Labor under section 218(e)(2)(B) covering the 
petitioner. 
‘‘(b) EXPEDITED
ADJUDICATION
BY
THE
SEC-
RETARY.—The Secretary shall establish a procedure for 
expedited adjudication of petitions filed under subsection 
(a) and within 7 working days shall, by fax, cable, or other 
means assuring expedited delivery, transmit a copy of no-
tice of action on the petition to the petitioner and, in the 
case of approved petitions, to the appropriate immigration 
officer at the port of entry or United States consulate (as 
the case may be) where the petitioner has indicated that 
the alien beneficiary (or beneficiaries) will apply for a visa 
or admission to the United States. 
‘‘(c) CRITERIA FOR ADMISSIBILITY.— 
‘‘(1) IN GENERAL.—An H–2A worker shall be 
considered admissible to the United States if the 
alien is otherwise admissible under this section, sec-
tion 218, and section 218A, and the alien is not in-
eligible under paragraph (2). 
‘‘(2) DISQUALIFICATION.—An alien shall be 
considered inadmissible to the United States and in-
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464 
eligible for nonimmigrant status under section 
101(a)(15)(H)(ii)(a) if the alien has, at any time 
during the past 5 years— 
‘‘(A) violated a material provision of this 
section, including the requirement to promptly 
depart the United States when the alien’s au-
thorized period of admission under this section 
has expired; or 
‘‘(B) otherwise violated a term or condition 
of admission into the United States as a non-
immigrant, including overstaying the period of 
authorized admission as such a nonimmigrant. 
‘‘(3) WAIVER OF INELIGIBILITY FOR UNLAW-
FUL PRESENCE.— 
‘‘(A) IN GENERAL.—An alien who has not 
previously been admitted into the United States 
pursuant to this section, and who is otherwise 
eligible for admission in accordance with para-
graphs (1) and (2), shall not be deemed inad-
missible by virtue of section 212(a)(9)(B). If an 
alien described in the preceding sentence is 
present in the United States, the alien may 
apply from abroad for H–2A status, but may 
not be granted that status in the United States. 
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465 
‘‘(B) 
MAINTENANCE
OF
WAIVER.—An 
alien provided an initial waiver of ineligibility 
pursuant to subparagraph (A) shall remain eli-
gible for such waiver unless the alien violates 
the terms of this section or again becomes ineli-
gible under section 212(a)(9)(B) by virtue of 
unlawful presence in the United States after 
the date of the initial waiver of ineligibility pur-
suant to subparagraph (A). 
‘‘(d) PERIOD OF ADMISSION.— 
‘‘(1) IN GENERAL.—The alien shall be admitted 
for the period of employment in the application cer-
tified by the Secretary of Labor pursuant to section 
218(e)(2)(B), not to exceed 10 months, supple-
mented by a period of not more than 1 week before 
the beginning of the period of employment for the 
purpose of travel to the worksite and a period of 14 
days following the period of employment for the pur-
pose of departure or extension based on a subse-
quent offer of employment, except that— 
‘‘(A) the alien is not authorized to be em-
ployed during such 14-day period except in the 
employment for which the alien was previously 
authorized; and 
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466 
‘‘(B) the total period of employment, in-
cluding such 14-day period, may not exceed 10 
months. 
‘‘(2) CONSTRUCTION.—Nothing in this sub-
section shall limit the authority of the Secretary to 
extend the stay of the alien under any other provi-
sion of this Act. 
‘‘(e) ABANDONMENT OF EMPLOYMENT.— 
‘‘(1) IN GENERAL.—An alien admitted or pro-
vided status under section 101(a)(15)(H)(ii)(a) who 
abandons the employment which was the basis for 
such admission or status shall be considered to have 
failed to maintain nonimmigrant status as an H–2A 
worker and shall depart the United States or be sub-
ject to removal under section 237(a)(1)(C)(i). 
‘‘(2) REPORT BY EMPLOYER.—The employer, or 
association acting as agent for the employer, shall 
notify the Secretary not later than 7 days after an 
H–2A worker prematurely abandons employment. 
‘‘(3) REMOVAL BY THE SECRETARY.—The Sec-
retary shall promptly remove from the United States 
any H–2A worker who violates any term or condi-
tion of the worker’s nonimmigrant status. 
‘‘(4) 
VOLUNTARY
TERMINATION.—Notwith-
standing paragraph (1), an alien may voluntarily 
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467 
terminate his or her employment if the alien prompt-
ly departs the United States upon termination of 
such employment. 
‘‘(f) REPLACEMENT OF ALIEN.— 
‘‘(1) IN GENERAL.—Upon presentation of the 
notice to the Secretary required by subsection (e)(2), 
the Secretary of State shall promptly issue a visa to, 
and the Secretary shall admit into the United 
States, an eligible alien designated by the employer 
to replace an H–2A worker— 
‘‘(A) who abandons or prematurely termi-
nates employment; or 
‘‘(B) whose employment is terminated 
after a United States worker is employed pur-
suant to section 218(b)(2)(H)(iii), if the United 
States worker voluntarily departs before the 
end of the period of intended employment or if 
the employment termination is for a lawful job- 
related reason. 
‘‘(2) CONSTRUCTION.—Nothing in this sub-
section is intended to limit any preference required 
to be accorded United States workers under any 
other provision of this Act. 
‘‘(g) IDENTIFICATION DOCUMENT.— 
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‘‘(1) IN GENERAL.—Each alien authorized to be 
admitted under section 101(a)(15)(H)(ii)(a) shall be 
provided an identification and employment eligibility 
document to verify eligibility for employment in the 
United States and verify the alien’s identity. 
‘‘(2) REQUIREMENTS.—No identification and 
employment eligibility document may be issued 
which does not meet the following requirements: 
‘‘(A) The document shall be capable of re-
liably determining whether— 
‘‘(i) the individual with the identifica-
tion and employment eligibility document 
whose eligibility is being verified is in fact 
eligible for employment; 
‘‘(ii) the individual whose eligibility is 
being verified is claiming the identity of 
another person; and 
‘‘(iii) the individual whose eligibility is 
being verified is authorized to be admitted 
into, and employed in, the United States 
as an H–2A worker. 
‘‘(B) The document shall be in a form that 
is resistant to counterfeiting and to tampering. 
‘‘(C) The document shall— 
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‘‘(i) be compatible with other data-
bases of the Secretary for the purpose of 
excluding aliens from benefits for which 
they are not eligible and determining 
whether the alien is unlawfully present in 
the United States; and 
‘‘(ii) be compatible with law enforce-
ment databases to determine if the alien 
has been convicted of criminal offenses. 
‘‘(h) EXTENSION OF STAY OF H–2A ALIENS IN THE 
UNITED STATES.— 
‘‘(1) EXTENSION
OF
STAY.—If an employer 
seeks approval to employ an H–2A alien who is law-
fully present in the United States, the petition filed 
by the employer or an association pursuant to sub-
section (a), shall request an extension of the alien’s 
stay and a change in the alien’s employment. 
‘‘(2) LIMITATION ON FILING A PETITION FOR 
EXTENSION OF STAY.—A petition may not be filed 
for an extension of an alien’s stay— 
‘‘(A) for a period of more than 10 months; 
or 
‘‘(B) to a date that is more than 3 years 
after the date of the alien’s last admission to 
the United States under this section. 
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‘‘(3) WORK
AUTHORIZATION
UPON
FILING
A 
PETITION FOR EXTENSION OF STAY.— 
‘‘(A) IN GENERAL.—An alien who is law-
fully present in the United States may com-
mence the employment described in a petition 
under paragraph (1) on the date on which the 
petition is filed. 
‘‘(B) DEFINITION.—For purposes of sub-
paragraph (A), the term ‘file’ means sending 
the petition by certified mail via the United 
States Postal Service, return receipt requested, 
or delivered by guaranteed commercial delivery 
which will provide the employer with a docu-
mented acknowledgment of the date of receipt 
of the petition. 
‘‘(C) HANDLING OF PETITION.—The em-
ployer shall provide a copy of the employer’s pe-
tition to the alien, who shall keep the petition 
with the alien’s identification and employment 
eligibility document as evidence that the peti-
tion has been filed and that the alien is author-
ized to work in the United States. 
‘‘(D) APPROVAL OF PETITION.—Upon ap-
proval of a petition for an extension of stay or 
change in the alien’s authorized employment, 
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the Secretary shall provide a new or updated 
employment eligibility document to the alien in-
dicating the new validity date, after which the 
alien is not required to retain a copy of the pe-
tition. 
‘‘(4) LIMITATION ON EMPLOYMENT AUTHORIZA-
TION OF ALIENS WITHOUT VALID IDENTIFICATION 
AND EMPLOYMENT ELIGIBILITY DOCUMENT.—An ex-
pired identification and employment eligibility docu-
ment, together with a copy of a petition for exten-
sion of stay or change in the alien’s authorized em-
ployment that complies with the requirements of 
paragraph (1), shall constitute a valid work author-
ization document for a period of not more than 60 
days beginning on the date on which such petition 
is filed, after which time only a currently valid iden-
tification and employment eligibility document shall 
be acceptable. 
‘‘(5) LIMITATION ON AN INDIVIDUAL’S STAY IN 
STATUS.— 
‘‘(A) MAXIMUM
PERIOD.—The maximum 
continuous period of authorized status as an 
H–2A worker (including any extensions) is 3 
years. 
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‘‘(B) REQUIREMENT TO REMAIN OUTSIDE 
THE UNITED STATES.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii), in the case of an alien outside the 
United States whose period of authorized 
status as an H–2A worker (including any 
extensions) has expired, the alien may not 
again apply for admission to the United 
States as an H–2A worker unless the alien 
has remained outside the United States for 
a continuous period equal to at least 1⁄5 
the duration of the alien’s previous period 
of authorized status as an H–2A worker 
(including any extensions). 
‘‘(ii) EXCEPTION.—Clause (i) shall 
not apply in the case of an alien if the 
alien’s period of authorized status as an 
H–2A worker (including any extensions) 
was for a period of not more than 10 
months and such alien has been outside 
the United States for at least 2 months 
during the 12 months preceding the date 
the alien again is applying for admission to 
the United States as an H–2A worker. 
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473 
‘‘(i) SPECIAL RULES
FOR ALIENS EMPLOYED
AS 
SHEEPHERDERS, GOAT HERDERS, OR DAIRY WORK-
ERS.—Notwithstanding any provision of the Agricultural 
Job Opportunities, Benefits, and Security Act of 2009, an 
alien admitted under section 101(a)(15)(H)(ii)(a) for em-
ployment as a sheepherder, goat herder, or dairy worker— 
‘‘(1) may be admitted for an initial period of 12 
months; 
‘‘(2) subject to subsection (j)(5), may have such 
initial period of admission extended for a period of 
up to 3 years; and 
‘‘(3) shall not be subject to the requirements of 
subsection (h)(5) (relating to periods of absence 
from the United States). 
‘‘(j) ADJUSTMENT TO LAWFUL PERMANENT RESI-
DENT
STATUS
FOR
ALIENS
EMPLOYED
AS
SHEEP-
HERDERS, GOAT HERDERS, OR DAIRY WORKERS.— 
‘‘(1) ELIGIBLE ALIEN.—For purposes of this 
subsection, the term ‘eligible alien’ means an alien— 
‘‘(A) having nonimmigrant status under 
section 101(a)(15)(H)(ii)(a) based on employ-
ment as a sheepherder, goat herder, or dairy 
worker; 
‘‘(B) who has maintained such non-
immigrant status in the United States for a cu-
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474 
mulative total of 36 months (excluding any pe-
riod of absence from the United States); and 
‘‘(C) who is seeking to receive an immi-
grant visa under section 203(b)(3)(A)(iii). 
‘‘(2) CLASSIFICATION PETITION.—In the case 
of an eligible alien, the petition under section 204 
for classification under section 203(b)(3)(A)(iii) may 
be filed by— 
‘‘(A) the alien’s employer on behalf of the 
eligible alien; or 
‘‘(B) the eligible alien. 
‘‘(3) NO LABOR CERTIFICATION REQUIRED.— 
Notwithstanding section 203(b)(3)(C), no deter-
mination under section 212(a)(5)(A) is required with 
respect to an immigrant visa described in paragraph 
(1)(C) for an eligible alien. 
‘‘(4) EFFECT OF PETITION.—The filing of a pe-
tition described in paragraph (2) or an application 
for adjustment of status based on the approval of 
such a petition shall not constitute evidence of an 
alien’s ineligibility for nonimmigrant status under 
section 101(a)(15)(H)(ii)(a). 
‘‘(5) EXTENSION
OF
STAY.—The Secretary 
shall extend the stay of an eligible alien having a 
pending or approved classification petition described 
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in paragraph (2) in 1-year increments until a final 
determination is made on the alien’s eligibility for 
adjustment of status to that of an alien lawfully ad-
mitted for permanent residence. 
‘‘(6) CONSTRUCTION.—Nothing in this sub-
section shall be construed to prevent an eligible alien 
from seeking adjustment of status in accordance 
with any other provision of law. 
‘‘SEC. 218C. WORKER PROTECTIONS AND LABOR STAND-
ARDS ENFORCEMENT. 
‘‘(a) ENFORCEMENT AUTHORITY.— 
‘‘(1) INVESTIGATION OF COMPLAINTS.— 
‘‘(A) AGGRIEVED PERSON OR THIRD-PARTY 
COMPLAINTS.—The Secretary of Labor shall es-
tablish a process for the receipt, investigation, 
and disposition of complaints respecting a peti-
tioner’s failure to meet a condition specified in 
section 218(b), or an employer’s misrepresenta-
tion of material facts in an application under 
section 218(a). Complaints may be filed by any 
aggrieved person or organization (including bar-
gaining representatives). No investigation or 
hearing shall be conducted on a complaint con-
cerning such a failure or misrepresentation un-
less the complaint was filed not later than 12 
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476 
months after the date of the failure, or mis-
representation, respectively. The Secretary of 
Labor shall conduct an investigation under this 
subparagraph if there is reasonable cause to be-
lieve that such a failure or misrepresentation 
has occurred. 
‘‘(B) DETERMINATION
ON
COMPLAINT.— 
Under such process, the Secretary of Labor 
shall provide, within 30 days after the date 
such a complaint is filed, for a determination as 
to whether or not a reasonable basis exists to 
make a finding described in subparagraph (C), 
(D), (E), or (G). If the Secretary of Labor de-
termines that such a reasonable basis exists, 
the Secretary of Labor shall provide for notice 
of such determination to the interested parties 
and an opportunity for a hearing on the com-
plaint, in accordance with section 556 of title 5, 
United States Code, within 60 days after the 
date of the determination. If such a hearing is 
requested, the Secretary of Labor shall make a 
finding concerning the matter not later than 60 
days after the date of the hearing. In the case 
of similar complaints respecting the same appli-
cant, the Secretary of Labor may consolidate 
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477 
the hearings under this subparagraph on such 
complaints. 
‘‘(C) FAILURES TO MEET CONDITIONS.—If 
the Secretary of Labor finds, after notice and 
opportunity for a hearing, a failure to meet a 
condition of paragraph (1)(A), (1)(B), (1)(D), 
(1)(F), (2)(A), (2)(B), or (2)(G) of section 
218(b), a substantial failure to meet a condition 
of paragraph (1)(C), (1)(E), (2)(C), (2)(D), 
(2)(E), or (2)(H) of section 218(b), or a mate-
rial misrepresentation of fact in an application 
under section 218(a)— 
‘‘(i) the Secretary of Labor shall no-
tify the Secretary of such finding and may, 
in addition, impose such other administra-
tive remedies (including civil money pen-
alties in an amount not to exceed $1,000 
per violation) as the Secretary of Labor 
determines to be appropriate; and 
‘‘(ii) the Secretary may disqualify the 
employer from the employment of aliens 
described in section 101(a)(15)(H)(ii)(a) 
for a period of 1 year. 
‘‘(D) WILLFUL
FAILURES
AND
WILLFUL 
MISREPRESENTATIONS.—If the Secretary of 
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478 
Labor finds, after notice and opportunity for 
hearing, a willful failure to meet a condition of 
section 218(b), a willful misrepresentation of a 
material fact in an application under section 
218(a), or a violation of subsection (d)(1)— 
‘‘(i) the Secretary of Labor shall no-
tify the Secretary of such finding and may, 
in addition, impose such other administra-
tive remedies (including civil money pen-
alties in an amount not to exceed $5,000 
per violation) as the Secretary of Labor 
determines to be appropriate; 
‘‘(ii) the Secretary of Labor may seek 
appropriate legal or equitable relief to ef-
fectuate the purposes of subsection (d)(1); 
and 
‘‘(iii) the Secretary may disqualify the 
employer from the employment of H–2A 
workers for a period of 2 years. 
‘‘(E) DISPLACEMENT OF UNITED STATES 
WORKERS.—If the Secretary of Labor finds, 
after notice and opportunity for hearing, a will-
ful failure to meet a condition of section 218(b) 
or a willful misrepresentation of a material fact 
in an application under section 218(a), in the 
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479 
course of which failure or misrepresentation the 
employer displaced a United States worker em-
ployed by the employer during the period of em-
ployment on the employer’s application under 
section 218(a) or during the period of 30 days 
preceding such period of employment— 
‘‘(i) the Secretary of Labor shall no-
tify the Secretary of such finding and may, 
in addition, impose such other administra-
tive remedies (including civil money pen-
alties in an amount not to exceed $15,000 
per violation) as the Secretary of Labor 
determines to be appropriate; and 
‘‘(ii) the Secretary may disqualify the 
employer from the employment of H–2A 
workers for a period of 3 years. 
‘‘(F) LIMITATIONS ON CIVIL MONEY PEN-
ALTIES.—The Secretary of Labor shall not im-
pose total civil money penalties with respect to 
an application under section 218(a) in excess of 
$90,000. 
‘‘(G) FAILURES
TO
PAY
WAGES
OR
RE-
QUIRED BENEFITS.—If the Secretary of Labor 
finds, after notice and opportunity for a hear-
ing, that the employer has failed to pay the 
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480 
wages, or provide the housing allowance, trans-
portation, subsistence reimbursement, or guar-
antee of employment, required under section 
218A(b), the Secretary of Labor shall assess 
payment of back wages, or other required bene-
fits, due any United States worker or H–2A 
worker employed by the employer in the specific 
employment in question. The back wages or 
other required benefits under section 218A(b) 
shall be equal to the difference between the 
amount that should have been paid and the 
amount that actually was paid to such worker. 
‘‘(2) STATUTORY CONSTRUCTION.—Nothing in 
this section shall be construed as limiting the au-
thority of the Secretary of Labor to conduct any 
compliance investigation under any other labor law, 
including any law affecting migrant and seasonal ag-
ricultural workers, or, in the absence of a complaint 
under this section, under section 218 or 218A. 
‘‘(b) RIGHTS ENFORCEABLE BY PRIVATE RIGHT OF 
ACTION.—H–2A workers may enforce the following rights 
through the private right of action provided in subsection 
(c), and no other right of action shall exist under Federal 
or State law to enforce such rights: 
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481 
‘‘(1) The providing of housing or a housing al-
lowance as required under section 218A(b)(1). 
‘‘(2) The reimbursement of transportation as 
required under section 218A(b)(2). 
‘‘(3) The payment of wages required under sec-
tion 218A(b)(3) when due. 
‘‘(4) The benefits and material terms and con-
ditions of employment expressly provided in the job 
offer described in section 218(a)(2), not including 
the assurance to comply with other Federal, State, 
and local labor laws described in section 218A(c), 
compliance with which shall be governed by the pro-
visions of such laws. 
‘‘(5) The guarantee of employment required 
under section 218A(b)(4). 
‘‘(6) The motor vehicle safety requirements 
under section 218A(b)(5). 
‘‘(7) The prohibition of discrimination under 
subsection (d)(2). 
‘‘(c) PRIVATE RIGHT OF ACTION.— 
‘‘(1) MEDIATION.—Upon the filing of a com-
plaint by an H–2A worker aggrieved by a violation 
of rights enforceable under subsection (b), and with-
in 60 days of the filing of proof of service of the 
complaint, a party to the action may file a request 
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482 
with the Federal Mediation and Conciliation Service 
to assist the parties in reaching a satisfactory reso-
lution of all issues involving all parties to the dis-
pute. Upon a filing of such request and giving of no-
tice to the parties, the parties shall attempt medi-
ation within the period specified in subparagraph 
(B). 
‘‘(A) MEDIATION SERVICES.—The Federal 
Mediation and Conciliation Service shall be 
available to assist in resolving disputes arising 
under subsection (b) between H–2A workers 
and agricultural employers without charge to 
the parties. 
‘‘(B) 90-DAY LIMIT.—The Federal Medi-
ation and Conciliation Service may conduct me-
diation or other nonbinding dispute resolution 
activities for a period not to exceed 90 days be-
ginning on the date on which the Federal Medi-
ation and Conciliation Service receives the re-
quest for assistance unless the parties agree to 
an extension of this period of time. 
‘‘(C) AUTHORIZATION.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii), there are authorized to be appro-
priated to the Federal Mediation and Con-
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483 
ciliation Service $500,000 for each fiscal 
year to carry out this section. 
‘‘(ii) 
MEDIATION.—Notwithstanding 
any other provision of law, the Director of 
the Federal Mediation and Conciliation 
Service is authorized to conduct the medi-
ation or other dispute resolution activities 
from any other appropriated funds avail-
able to the Director and to reimburse such 
appropriated funds when the funds are ap-
propriated pursuant to this authorization, 
such reimbursement to be credited to ap-
propriations currently available at the time 
of receipt. 
‘‘(2) MAINTENANCE OF CIVIL ACTION IN DIS-
TRICT COURT BY AGGRIEVED PERSON.—An H–2A 
worker aggrieved by a violation of rights enforceable 
under subsection (b) by an agricultural employer or 
other person may file suit in any district court of the 
United States having jurisdiction over the parties, 
without regard to the amount in controversy, with-
out regard to the citizenship of the parties, and 
without regard to the exhaustion of any alternative 
administrative remedies under this Act, not later 
than 3 years after the date the violation occurs. 
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484 
‘‘(3) ELECTION.—An H–2A worker who has 
filed an administrative complaint with the Secretary 
of Labor may not maintain a civil action under 
paragraph (2) unless a complaint based on the same 
violation filed with the Secretary of Labor under 
subsection (a)(1) is withdrawn before the filing of 
such action, in which case the rights and remedies 
available under this subsection shall be exclusive. 
‘‘(4) 
PREEMPTION
OF
STATE
CONTRACT 
RIGHTS.—Nothing in this Act shall be construed to 
diminish the rights and remedies of an H–2A worker 
under any other Federal or State law or regulation 
or under any collective bargaining agreement, except 
that no court or administrative action shall be avail-
able under any State contract law to enforce the 
rights created by this Act. 
‘‘(5) WAIVER OF RIGHTS PROHIBITED.—Agree-
ments by employees purporting to waive or modify 
their rights under this Act shall be void as contrary 
to public policy, except that a waiver or modification 
of the rights or obligations in favor of the Secretary 
of Labor shall be valid for purposes of the enforce-
ment of this Act. The preceding sentence may not 
be construed to prohibit agreements to settle private 
disputes or litigation. 
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485 
‘‘(6) AWARD
OF
DAMAGES
OR
OTHER
EQUI-
TABLE RELIEF.— 
‘‘(A) If the court finds that the respondent 
has intentionally violated any of the rights en-
forceable under subsection (b), it shall award 
actual damages, if any, or equitable relief. 
‘‘(B) Any civil action brought under this 
section shall be subject to appeal as provided in 
chapter 83 of title 28, United States Code. 
‘‘(7) WORKERS’ COMPENSATION BENEFITS; EX-
CLUSIVE REMEDY.— 
‘‘(A) Notwithstanding any other provision 
of this section, where a State’s workers’ com-
pensation law is applicable and coverage is pro-
vided for an H–2A worker, the workers’ com-
pensation benefits shall be the exclusive remedy 
for the loss of such worker under this section 
in the case of bodily injury or death in accord-
ance with such State’s workers’ compensation 
law. 
‘‘(B) The exclusive remedy prescribed in 
subparagraph (A) precludes the recovery under 
paragraph (6) of actual damages for loss from 
an injury or death but does not preclude other 
equitable relief, except that such relief shall not 
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486 
include back or front pay or in any manner, di-
rectly or indirectly, expand or otherwise alter or 
affect— 
‘‘(i) a recovery under a State workers’ 
compensation law; or 
‘‘(ii) rights conferred under a State 
workers’ compensation law. 
‘‘(8) TOLLING OF STATUTE OF LIMITATIONS.— 
If it is determined under a State workers’ compensa-
tion law that the workers’ compensation law is not 
applicable to a claim for bodily injury or death of an 
H–2A worker, the statute of limitations for bringing 
an action for actual damages for such injury or 
death under subsection (c) shall be tolled for the pe-
riod during which the claim for such injury or death 
under such State workers’ compensation law was 
pending. The statute of limitations for an action for 
actual damages or other equitable relief arising out 
of the same transaction or occurrence as the injury 
or death of the H–2A worker shall be tolled for the 
period during which the claim for such injury or 
death was pending under the State workers’ com-
pensation law. 
‘‘(9) PRECLUSIVE EFFECT.—Any settlement by 
an H–2A worker and an H–2A employer or any per-
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487 
son reached through the mediation process required 
under subsection (c)(1) shall preclude any right of 
action arising out of the same facts between the par-
ties in any Federal or State court or administrative 
proceeding, unless specifically provided otherwise in 
the settlement agreement. 
‘‘(10) SETTLEMENTS.—Any settlement by the 
Secretary of Labor with an H–2A employer on be-
half of an H–2A worker of a complaint filed with the 
Secretary of Labor under this section or any finding 
by the Secretary of Labor under subsection 
(a)(1)(B) shall preclude any right of action arising 
out of the same facts between the parties under any 
Federal or State court or administrative proceeding, 
unless specifically provided otherwise in the settle-
ment agreement. 
‘‘(d) DISCRIMINATION PROHIBITED.— 
‘‘(1) IN GENERAL.—It is a violation of this sub-
section for any person who has filed an application 
under section 218(a), to intimidate, threaten, re-
strain, coerce, blacklist, discharge, or in any other 
manner discriminate against an employee (which 
term, for purposes of this subsection, includes a 
former employee and an applicant for employment) 
because the employee has disclosed information to 
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488 
the employer, or to any other person, that the em-
ployee reasonably believes evidences a violation of 
section 218 or 218A or any rule or regulation per-
taining to section 218 or 218A, or because the em-
ployee cooperates or seeks to cooperate in an inves-
tigation or other proceeding concerning the employ-
er’s compliance with the requirements of section 218 
or 218A or any rule or regulation pertaining to ei-
ther of such sections. 
‘‘(2) DISCRIMINATION
AGAINST
H–2A
WORK-
ERS.—It is a violation of this subsection for any per-
son who has filed an application under section 
218(a), to intimidate, threaten, restrain, coerce, 
blacklist, discharge, or in any manner discriminate 
against an H–2A employee because such worker has, 
with just cause, filed a complaint with the Secretary 
of Labor regarding a denial of the rights enumer-
ated and enforceable under subsection (b) or insti-
tuted, or caused to be instituted, a private right of 
action under subsection (c) regarding the denial of 
the rights enumerated under subsection (b), or has 
testified or is about to testify in any court pro-
ceeding brought under subsection (c). 
‘‘(e) AUTHORIZATION TO SEEK OTHER APPRO-
PRIATE EMPLOYMENT.—The Secretary of Labor and the 
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489 
Secretary shall establish a process under which an H–2A 
worker who files a complaint regarding a violation of sub-
section (d) and is otherwise eligible to remain and work 
in the United States may be allowed to seek other appro-
priate employment in the United States for a period not 
to exceed the maximum period of stay authorized for such 
nonimmigrant classification. 
‘‘(f) ROLE OF ASSOCIATIONS.— 
‘‘(1) VIOLATION BY A MEMBER OF AN ASSOCIA-
TION.—An employer on whose behalf an application 
is filed by an association acting as its agent is fully 
responsible for such application, and for complying 
with the terms and conditions of sections 218 and 
218A, as though the employer had filed the applica-
tion itself. If such an employer is determined, under 
this section, to have committed a violation, the pen-
alty for such violation shall apply only to that mem-
ber of the association unless the Secretary of Labor 
determines that the association or other member 
participated in, had knowledge, or reason to know, 
of the violation, in which case the penalty shall be 
invoked against the association or other association 
member as well. 
‘‘(2) VIOLATIONS BY AN ASSOCIATION ACTING 
AS AN EMPLOYER.—If an association filing an appli-
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cation as a sole or joint employer is determined to 
have committed a violation under this section, the 
penalty for such violation shall apply only to the as-
sociation unless the Secretary of Labor determines 
that an association member or members participated 
in or had knowledge, or reason to know of the viola-
tion, in which case the penalty shall be invoked 
against the association member or members as well. 
‘‘SEC. 218D. DEFINITIONS. 
‘‘For purposes of this section and section 218, 218A, 
218B, and 218C: 
‘‘(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 
described in section 101(a)(15)(H)(ii)(a). 
‘‘(2) BONA FIDE UNION.—The term ‘bona fide 
union’ means any organization in which employees 
participate and which exists for the purpose of deal-
ing with employers concerning grievances, labor dis-
putes, wages, rates of pay, hours of employment, or 
other terms and conditions of work for agricultural 
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491 
employees. Such term does not include an organiza-
tion formed, created, administered, supported, domi-
nated, financed, or controlled by an employer or em-
ployer association or its agents or representatives. 
‘‘(3) DISPLACE.—The term ‘displace’, in the 
case of an application with respect to 1 or more H– 
2A workers by an employer, means laying off a 
United States worker from a job for which the H– 
2A worker or workers is or are sought. 
‘‘(4) ELIGIBLE.—The term ‘eligible’, when used 
with respect to an individual, means an individual 
who is not an unauthorized alien (as defined in sec-
tion 274A). 
‘‘(5) 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. 
‘‘(6) H–2A EMPLOYER.—The term ‘H–2A em-
ployer’ means an employer who seeks to hire 1 or 
more nonimmigrant aliens described in section 
101(a)(15)(H)(ii)(a). 
‘‘(7) H–2A WORKER.—The term ‘H–2A worker’ 
means 
a 
nonimmigrant 
described 
in 
section 
101(a)(15)(H)(ii)(a). 
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‘‘(8) JOB OPPORTUNITY.—The term ‘job oppor-
tunity’ means a job opening for temporary or sea-
sonal full-time employment at a place in the United 
States to which United States workers can be re-
ferred. 
‘‘(9) LAYING OFF.— 
‘‘(A) IN GENERAL.—The term ‘laying off’, 
with respect to a worker— 
‘‘(i) means to cause the worker’s loss 
of employment, other than through a dis-
charge for inadequate performance, viola-
tion of workplace rules, cause, voluntary 
departure, voluntary retirement, contract 
impossibility 
(as 
described 
in 
section 
218A(b)(4)(D)), or temporary suspension 
of employment due to weather, markets, or 
other temporary conditions; but 
‘‘(ii) does not include any situation in 
which the worker is offered, as an alter-
native to such loss of employment, a simi-
lar employment opportunity with the same 
employer (or, in the case of a placement of 
a worker with another employer under sec-
tion 218(b)(2)(E), with either employer de-
scribed in such section) at equivalent or 
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493 
higher compensation and benefits than the 
position from which the employee was dis-
charged, regardless of whether or not the 
employee accepts the offer. 
‘‘(B) STATUTORY CONSTRUCTION.—Noth-
ing in this paragraph is intended to limit an 
employee’s rights under a collective bargaining 
agreement or other employment contract. 
‘‘(10) REGULATORY DROUGHT.—The term ‘reg-
ulatory drought’ means a decision subsequent to the 
filing of the application under section 218 by an en-
tity not under the control of the employer making 
such filing which restricts the employer’s access to 
water for irrigation purposes and reduces or limits 
the employer’s ability to produce an agricultural 
commodity, thereby reducing the need for labor. 
‘‘(11) SEASONAL.—Labor is performed on a 
‘seasonal’ basis if— 
‘‘(A) ordinarily, it pertains to or is of the 
kind exclusively performed at certain seasons or 
periods of the year; and 
‘‘(B) from its nature, it may not be contin-
uous or carried on throughout the year. 
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‘‘(12) SECRETARY.—Except as otherwise pro-
vided, the term ‘Secretary’ means the Secretary of 
Homeland Security. 
‘‘(13) TEMPORARY.—A worker is employed on a 
‘temporary’ basis where the employment is intended 
not to exceed 10 months. 
‘‘(14) UNITED
STATES
WORKER.—The term 
‘United States worker’ means any worker, whether 
a national of the United States, an alien lawfully ad-
mitted for permanent residence, 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).’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
the Immigration and Nationality Act (8 U.S.C. 1101 et 
seq.) is amended by striking the item relating to section 
218 and inserting the following: 
‘‘Sec. 218. H–2A employer applications. 
‘‘Sec. 218A. H–2A employment requirements. 
‘‘Sec. 218B. Procedure for admission and extension of stay of H–2A workers. 
‘‘Sec. 218C. Worker protections and labor standards enforcement. 
‘‘Sec. 218D. Definitions.’’. 
CHAPTER 4—MISCELLANEOUS 
PROVISIONS 
SEC. 461. DETERMINATION AND USE OF USER FEES. 
(a) SCHEDULE OF FEES.—The Secretary shall estab-
lish and periodically adjust a schedule of fees for the em-
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ployment of aliens pursuant to the amendment made by 
section 451(a) of this Act and a collection process for such 
fees from employers. Such fees shall be the only fees 
chargeable to employers for services provided under such 
amendment. 
(b) DETERMINATION OF SCHEDULE.— 
(1) IN
GENERAL.—The schedule under sub-
section (a) shall reflect a fee rate based on the num-
ber of job opportunities indicated in the employer’s 
application under section 218 of the Immigration 
and Nationality Act, as amended by section 451 of 
this Act, and sufficient to provide for the direct 
costs of providing services related to an employer’s 
authorization to employ aliens pursuant to the 
amendment made by section 451(a) of this Act, to 
include the certification of eligible employers, the 
issuance of documentation, and the admission of eli-
gible aliens. 
(2) PROCEDURE.— 
(A) IN GENERAL.—In establishing and ad-
justing such a schedule, the Secretary shall 
comply with Federal cost accounting and fee 
setting standards. 
(B) PUBLICATION
AND
COMMENT.—The 
Secretary shall publish in the Federal Register 
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496 
an initial fee schedule and associated collection 
process and the cost data or estimates upon 
which such fee schedule is based, and any sub-
sequent amendments thereto, pursuant to which 
public comment shall be sought and a final rule 
issued. 
(c) USE OF PROCEEDS.—Notwithstanding any other 
provision of law, all proceeds resulting from the payment 
of the fees pursuant to the amendment made by section 
451(a) of this Act shall be available without further appro-
priation and shall remain available without fiscal year lim-
itation to reimburse the Secretary, the Secretary of State, 
and the Secretary of Labor for the costs of carrying out— 
(1) sections 218 and 218B of the Immigration 
and Nationality Act, as amended and added, respec-
tively, by section 451 of this Act; and 
(2) the provisions of this Act. 
SEC. 462. REGULATIONS. 
(a) REQUIREMENT FOR THE SECRETARY TO CON-
SULT.—The Secretary shall consult with the Secretary of 
Labor and the Secretary of Agriculture during the promul-
gation of all regulations to implement the duties of the 
Secretary under this Act and the amendments made by 
this Act. 
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(b) REQUIREMENT FOR THE SECRETARY OF STATE 
TO CONSULT.—The Secretary of State shall consult with 
the Secretary, the Secretary of Labor, and the Secretary 
of Agriculture on all regulations to implement the duties 
of the Secretary of State under this Act and the amend-
ments made by this Act. 
(c) REQUIREMENT FOR THE SECRETARY OF LABOR 
TO CONSULT.—The Secretary of Labor shall consult with 
the Secretary of Agriculture and the Secretary on all regu-
lations to implement the duties of the Secretary of Labor 
under this Act and the amendments made by this Act. 
(d) DEADLINE FOR ISSUANCE OF REGULATIONS.— 
All regulations to implement the duties of the Secretary, 
the Secretary of State, and the Secretary of Labor created 
under sections 218, 218A, 218B, 218C, and 218D of the 
Immigration and Nationality Act, as amended or added 
by section 451 of this Act, shall take effect on the effective 
date of section 451 and shall be issued not later than 1 
year after the date of enactment of this Act. 
SEC. 463. REPORTS TO CONGRESS. 
(a) ANNUAL REPORT.—Not later than September 30 
of each year, the Secretary shall submit a report to Con-
gress that identifies, for the previous year— 
(1) the number of job opportunities approved 
for employment of aliens admitted under section 
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101(a)(15)(H)(ii)(a) of the Immigration and Nation-
ality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)), and the 
number of workers actually admitted, disaggregated 
by State and by occupation; 
(2) the number of such aliens reported to have 
abandoned employment pursuant to subsection 
(e)(2) of section 218B of such Act, as added by sec-
tion 451; 
(3) the number of such aliens who departed the 
United States within the period specified in sub-
section (d) of such section 218B; 
(4) the number of aliens who applied for blue 
card status pursuant to section 431(a); 
(5) the number of aliens who were granted such 
status pursuant section 431(a); 
(6) the number of aliens who applied for an ad-
justment of status pursuant to section 433(a); and 
(7) the number of aliens who received an ad-
justment of status pursuant section 433(a). 
(b) IMPLEMENTATION REPORT.—Not later than 180 
days after the date of the enactment of this Act, the Sec-
retary shall prepare and submit to Congress a report that 
describes the measures being taken and the progress made 
in implementing this Act. 
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499 
SEC. 464. EFFECTIVE DATE. 
The amendments made by section 451 and section 
461 shall take effect 1 year after the date of the enact-
ment of this Act. 
TITLE V—STRENGTHENING THE 
U.S. ECONOMY AND WORKFORCE 
Subtitle A—Immigration and Labor 
CHAPTER 1—IMMIGRATION AND LABOR 
MARKETS 
SEC. 501. COMMISSION ON IMMIGRATION AND LABOR MAR-
KETS. 
(a) ESTABLISHMENT OF COMMISSION.— 
(1) IN GENERAL.—There is established a per-
manent, independent, Federal agency within the Ex-
ecutive Branch of the United States to be known as 
the Commission on Immigration and Labor Markets 
(referred to in this section as ‘‘Commission’’). 
(2) PURPOSES.—Through objective, thorough, 
accurate and nonpartisan review and analysis, the 
purposes of the Commission are to— 
(A) establish employment-based immigra-
tion policies that promote America’s economic 
growth and competitiveness while minimizing 
job displacement, wage depression and unau-
thorized employment in the United States; 
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500 
(B) create and implement a policy-focused 
research agenda on the economic impacts of im-
migration at the national, regional, state, indus-
try and occupation levels; 
(C) collect and analyze information about 
employment-based immigration and the labor 
market and share the data and analysis with 
lawmakers, researchers and the American pub-
lic; 
(D) recommend to the Congress and the 
President on a regular basis an evidence-based 
methodology for determining the level of em-
ployment-based immigration; and 
(E) recommend to Congress and the Presi-
dent the numeric levels and characteristics of 
workers to be admitted in various employment- 
based visa categories. 
(3) MEMBERSHIP.—The Commission shall be 
composed of— 
(A) 7 voting members— 
(i) who shall be appointed by the 
President, with the advice and consent of 
the Senate, no later than 6 months after 
the date of the enactment of this Act; 
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501 
(ii) who shall serve for 5-year stag-
gered terms; 
(iii) one of whom the President shall 
appoint as Chair of the commission to 
serve a 6-year term, which can be extended 
for 1 additional 3-year term; 
(iv) who shall have expertise in eco-
nomics, demography, sociology, labor, busi-
ness, civil rights, immigration or other per-
tinent qualifications or experience; and 
(v) not more than 4 of whom may be 
members of the same political party; and 
(B) 8 ex-officio members, including— 
(i) the Secretary; 
(ii) the Secretary of State; 
(iii) the Attorney General; 
(iv) the Secretary of Labor; 
(v) the Secretary of Commerce 
(vi) the Secretary of Health and 
Human Services; 
(vii) the Secretary of Agriculture; and 
(viii) The Commissioner of Social Se-
curity. 
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502 
(4) VACANCIES.—Any vacancy in the Commis-
sion shall be filled in the same manner as the origi-
nal appointment. 
(5) MEETINGS.— 
(A) INITIAL
MEETING.—The Commission 
shall meet and begin carrying out the duties de-
scribed in subsection (b) as soon as practicable. 
(B) SUBSEQUENT
MEETINGS.—After its 
initial meeting, the Commission shall meet upon 
the call of the Chair or a majority of its mem-
bers. 
(C) QUORUM.—Five voting members of the 
Commission shall constitute a quorum. 
(b) DUTIES OF THE COMMISSION.—The Commission 
shall— 
(1) collect, analyze and publish data regard-
ing— 
(A) the historic migration patterns to and 
from the United States and demographic 
trends, including the birth rate, education lev-
els, and age profiles of the immigrant and na-
tive population of the United States; 
(B) the impact of employment-based immi-
gration— 
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503 
(i) at the national, regional, state and 
local levels; 
(ii) within industries and business sec-
tors; 
(iii) on occupations and occupational 
levels; 
(iv) on small business; and 
(v) on employment and unemployment 
levels; 
(C) the current and anticipated needs of 
employers for skilled and unskilled labor; 
(D) the current and anticipated supply of 
skilled and unskilled labor; 
(E) the impact of employment-based immi-
gration on the economic growth and competi-
tiveness and labor standards, conditions, and 
wages; 
(F) the extent and impact of unauthorized 
employment in the United States; 
(G) the factors that determine the eco-
nomic success of immigrants to the United 
States; and 
(H) any other matters regarding the im-
pact of employment-based immigration that the 
Commission considers appropriate; 
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504 
(2) after soliciting and reviewing input from the 
public, develop and publish in the federal register a 
plan for the performance of its duties, including a 
description of the methodologies it will employ to 
measure the need for immigrant workers or non-
immigrant foreign workers in different regions, 
states, industries and occupations; 
(3) submit to the Congress, according to the 
procedures in subsection (c), the methodologies it 
proposes to use to determine the need for immigrant 
workers and nonimmigrant foreign workers; 
(4) submit to the Congress, according to the 
procedures in subsection (c), any amendments which 
the Commission deems appropriate to the numeric 
levels of visas established by the Immigration and 
Nationality Act for temporary or permanent employ-
ment; 
(5) annually thereafter, submit a report to the 
President and Congress that— 
(A) contains any amendments to the nu-
meric levels set according to the procedures in 
subsection (c)(2), which shall take effect in the 
same manner described therein unless dis-
approved by the passage of a resolution in Con-
gress; and 
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505 
(B) makes other recommendations regard-
ing employment-based visas or immigration, in-
cluding legislative or administrative action, that 
the Commission determines to be in the na-
tional interest; and 
(6) establish collaborative relationships with 
international organizations and agencies in countries 
of origin to encourage the deposit of remittances 
with financial institutions that will reinvest the re-
mittances received from the United States to pro-
mote job development in those countries of origin 
that have sent immigrants to the United States. 
(c) PROCEDURES
TO
DETERMINE
APPROPRIATE 
LEVEL OF EMPLOYMENT BASED IMMIGRATION FOR TEM-
PORARY OR PERMANENT EMPLOYMENT.— 
(1) METHODOLOGY.—Not later than 12 months 
after Congress appropriates funds for its operation, 
the Commission shall submit to Congress the meth-
odologies it proposes to use to determine the need 
for immigrant workers and nonimmigrant foreign 
workers. Congress shall have 90 days to enact a res-
olution of disapproval. In the absence of such action, 
the methodologies shall stand approved. 
(2) INITIAL DETERMINATION OF NUMERIC LEV-
ELS.—At the beginning of the first regular session 
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of Congress after the methodologies in paragraph 
(1) have been approved, but not later than the first 
day of April, the Commission shall submit to Con-
gress the numeric levels of visas it recommends, by 
majority vote, to be made available for temporary or 
permanent employment under the Immigration and 
Nationality Act and a statement of the reasons 
therefore. Congress shall have 90 days to enact a 
resolution of disapproval. In absence of such action, 
the numeric levels shall stand approved and be im-
plemented at the start of the next fiscal year. 
(3) ANNUAL DETERMINATIONS.—Once the ini-
tial determination of numeric levels is established, 
the Commission shall annually thereafter submit to 
Congress any increase or decrease in numeric levels 
of employment based immigration it recommends by 
majority vote, which shall be disapproved by Con-
gress in the same manner as in clause (2), or stand 
approved for the next fiscal year. 
(d) POWERS OF THE COMMISSION.— 
(1) The Commission, by vote of a majority of 
the members present and voting, shall have the 
power to— 
(A) establish general policies and promul-
gate such rules and regulations for the Commis-
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sion as are necessary to carry out the purposes 
of this section; 
(B) appoint and fix the salary and duties 
of the Staff Director of the Commission, who 
shall serve at the discretion of the Commission 
and who shall be compensated at a rate not to 
exceed the highest rate now or hereafter pre-
scribed for Level 6 of the Senior Executive 
Service Schedule (5 U.S.C. 5382), and such 
other personnel as may be necessary to enable 
the Commission to carry out its functions; 
(C) deny, revise, or ratify any request for 
regular, supplemental, or deficiency appropria-
tions prior to any submission of such request to 
the Office of Management and Budget by the 
Chair; 
(D) utilize, with their consent, the services, 
equipment, personnel, information, and facilities 
of other Federal, State, local, and private agen-
cies and instrumentalities with or without reim-
bursement therefor; 
(E) without regard to section 3324 of title 
31, United States Code, enter into and perform 
such contracts, leases, cooperative agreements, 
and other transactions as may be necessary in 
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508 
the conduct of the functions of the Commission, 
with any public agency, or with any person, 
firm, association, corporation, educational insti-
tution, or nonprofit organization; 
(F) accept and employ, in carrying out the 
provisions of this title, voluntary and uncom-
pensated services, notwithstanding the provi-
sions of section 1342 of title 31, United States 
Code, however, individuals providing such serv-
ices shall not be considered Federal employees 
except for purposes of chapter 81 of title 5, 
United States Code, with respect to job-in-
curred disability and title 28, United States 
Code, with respect to tort claims; 
(G) request such information, data, and re-
ports from any Federal agency as the Commis-
sion may from time to time require and as may 
be produced consistent with other law; 
(H) arrange with the head of any other 
Federal agency for the performance by such 
agency of any function of the Commission, with 
or without reimbursement; 
(I) establish a research and development 
program within the Commission for the purpose 
of understanding and documenting the effects 
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509 
of immigration and the temporary admission of 
foreign workers on the labor market and na-
tional competitiveness; 
(J) collect systematically the data obtained 
from studies, research, and the empirical expe-
rience of public and private agencies concerning 
the need for and effects of employment-based 
immigration 
and 
the 
admission 
of 
non-
immigrant workers; 
(K) interview and confer with state and 
local officials, representatives of labor and in-
dustry, and experts in academia to obtain infor-
mation about the need for or benefit of addi-
tional immigrant or nonimmigrant workers; 
(L) make recommendations to Congress 
concerning modification or enactment of stat-
utes relating to matters that the Commission 
finds to be necessary and advisable to carry out 
an effective employment-based immigration pol-
icy; 
(M) hold hearings and call witnesses to as-
sist the Commission in the exercise of its pow-
ers or duties; 
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510 
(N) retain and, in its discretion pay rea-
sonable attorneys’ fees out if its appropriated 
funds to, private attorneys who— 
(i) shall provide legal advice to the 
Commission in the conduct of its work, or 
to appear for or represent the Commission 
in any case in which the Commission is au-
thorized by law to represent itself, or in 
which the Commission is representing itself 
with the consent of the Department of 
Justice; and 
(ii) when serving as officers or em-
ployees of the United States, shall be con-
sidered special government employees as 
defined in section 202(a) of title 18; and 
(O) grant incentive awards to its employ-
ees pursuant to chapter 45 of title 5, United 
States Code. 
(2) The Commission shall have such other pow-
ers and duties and shall perform such other func-
tions as may be necessary to carry out the purposes 
of this section, and may delegate to any member or 
designated person such powers as may be appro-
priate. 
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511 
(e) INFORMATION AND ASSISTANCE FROM FEDERAL 
AGENCIES.— 
(1) INFORMATION.—The head of any Federal 
department or agency that receives a request from 
the Commission for information, including sugges-
tions, estimates, and statistics, as the Commission 
considers necessary to carry out the provisions of 
this section, shall furnish such information to the 
Commission, to the extent allowed by law. 
(2) ASSISTANCE.— 
(A) 
GENERAL
SERVICES
ADMINISTRA-
TION.—The Administrator of General Services 
shall, on a reimbursable basis, provide the Com-
mission with administrative support and other 
services for the performance of the Commis-
sion’s functions. 
(B) OTHER FEDERAL AGENCIES.—The de-
partments and agencies of the United States 
may provide the Commission with such services, 
funds, facilities, staff, and other support serv-
ices as heads of such departments and agencies 
determine advisable and authorized by law. 
(f) PERSONNEL MATTERS.— 
(1) STAFF.— 
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(A) Except as provided under subpara-
graph (B), any personnel of the Commission 
who are employees shall be considered to be em-
ployees under section 2105 of title 5, United 
States Code, for purposes of chapters 63, 81, 
83, 84, 85, 87, 89 and 90 of such title. 
(B) Subparagraph (A) shall not apply to 
members of the Commission. 
(2) DETAILEES.—Any employee of the Federal 
Government may be detailed to the Commission 
without reimbursement from the Commission. Such 
detailee shall retain the rights, status, and privileges 
of his or her regular employment without interrup-
tion. 
(3) CONSULTANT SERVICES.—The Commission 
may procure the services of experts and consultants 
in accordance with section 3109 of title 5, United 
States Code, at rates not to exceed the daily rate 
paid a person occupying a position at level IV of Ex-
ecutive Schedule under section 5315 of such title 5. 
(g) COMPENSATION AND TRAVEL EXPENSES.— 
(1) COMPENSATION.—Each voting member of 
the Commission may be compensated at a rate not 
to exceed the daily equivalent of the annual rate of 
basic pay in effect for a position at level IV of the 
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Executive Schedule under section 5315 of title 5, 
United States Code, for each day during which that 
member is engaged in the actual performance of the 
duties of the Commission. 
(2) TRAVEL EXPENSES.—Members of the Com-
mission shall be allowed travel expenses, including 
per diem in lieu of subsistence, in the same manner 
as persons employed intermittently in Government 
service are allowed expenses under section 5703(b) 
of title 5, United States Code, while away from their 
homes or regular places of business in performance 
of services for the Commission. 
(h) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to carry out the purposes of this section 
such sums as may be necessary. 
SEC. 502. SECURITY AND PROSPERITY ACCOUNT. 
Section 286 (8 U.S.C. 1356) is amended by adding 
at the end the following new subsection: 
‘‘(w) PROSPERITY ACCOUNT.— 
‘‘(1) ESTABLISHMENT.—There is established in 
the general fund of the Treasury an account, which 
shall be known as the ‘Security and Prosperity Ac-
count’. 
‘‘(2) DEPOSITS.—Notwithstanding any other 
provision of this Act, there shall be deposited as off-
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setting receipts into the Security and Prosperity Ac-
count— 
‘‘(A) all fines collected under section 
401(g)(2)(B) of the CIR ASAP Act of 2009; 
and 
‘‘(B) all fees collected under section 
401(g)(2)(A) of such Act. 
‘‘(3) USE OF FUNDS.—The fees and fines de-
posited into the Security and Prosperity Fund shall 
be allocated as follows: 
‘‘(A) 25 percent shall be allocated for 
‘Training and Employment Services’ for activi-
ties under the Workforce Investment Act (WIA) 
of 1998 which shall distributed as follows: 
‘‘(i) 25 percent for grants to the 
States for adult employment and training 
activities. 
‘‘(ii) 20 percent for grants to the 
States for dislocated worker employment 
and training activities. 
‘‘(iii) 10 percent shall be allocated for 
the dislocated workers assistance national 
reserve, except that— 
‘‘(I) such funds shall be made 
available for grants only to eligible en-
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tities that serve areas of high unem-
ployment or high poverty and only for 
purposes 
described 
in 
subsection 
173(a)(1) of the WIA; and 
‘‘(II) the Secretary of Labor shall 
ensure that applicants for such funds 
demonstrate how income support, 
child care and other supportive serv-
ices necessary for an individual’s par-
ticipation in job training will be pro-
vided; and 
‘‘(iv) 45 percent for a program of 
competitive grants for worker training and 
placement in high growth and emerging in-
dustry sectors. 
‘‘(B) 5 percent shall be allocated for the 
American Worker Recruit and Match System 
described in section 503 of the CIR ASAP Act 
of 2009. 
‘‘(C) 10 percent shall be allocated to the 
Secretary of Homeland Security for the proc-
essing of immigration benefits applications and 
to subsidize the costs of immigration benefits 
applications described in section 321. 
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‘‘(D) 3 percent shall be allocated to imple-
ment title VI of the CIR ASAP Act of 2009. 
‘‘(E) 2 percent shall be allocated for the 
establishment and operations of the Commis-
sion on Labor Markets and Immigration as de-
scribed in section 501 of such Act. 
‘‘(F) 30 percent shall be allocated to im-
plement the amendments made by title II of the 
CIR ASAP Act of 2009, and enforcement ef-
forts mandated in such amendments to ensure 
compliance with the employment practices de-
scribed in such amendments. 
‘‘(G) 25 percent distributed equally among 
the programs established in title I of the CIR 
ASAP Act of 2009 for border security, deten-
tion, and enforcement.’’. 
SEC. 503. AMERICAN RECRUIT AND MATCH SYSTEM. 
(a) ESTABLISHMENT
OF PROGRAM.—Each State 
Workforce Agency (SWA) shall establish an Internet- 
based program entitled ‘‘American Worker Recruit and 
Match’’ program, to be incorporated with existing SWA 
Web-based job search engines, if any— 
(1) whereby employers may electronically post 
employment opportunities in fields and occupations 
that have traditionally relied on unauthorized labor, 
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517 
such as hospitality, agriculture, construction, domes-
tic services, food services and as determined by the 
Secretary of Labor; 
(2) whereby individuals may electronically post 
employment profiles; and 
(3) that shall be searchable and shall match 
employers with qualified individuals. 
(b) SINGLE INTERNET LINK.—The Secretary of 
Labor shall establish a publicly accessible Web page on 
the Internet website of the Department of Labor that pro-
vides a single internet link to each State workforce agen-
cy’s American Worker Recruit and Match program. 
(c) EDUCATION.—Each State workforce agency shall 
conduct monthly seminars that shall be publicly noticed, 
to educate employers and individuals regarding use of the 
American Recruit and Match System. 
(d) FUNDING.—Fees and fines deposited in the Pros-
perity Fund under section 286(w)(3)(B) of the Immigra-
tion and Nationality Act may be used to carry out this 
section. 
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518 
CHAPTER 2—PROTECTION OF WORKERS 
RECRUITED ABROAD 
SEC. 
511. 
PROTECTIONS 
FOR 
WORKERS 
RECRUITED 
ABROAD. 
(a) BASIC REQUIREMENTS.—(1) Each employer and 
foreign labor contractor who engages in foreign labor con-
tracting activity shall ascertain and disclose to each such 
worker who is recruited for employment the following in-
formation at the time of the worker’s recruitment: 
(A) The place of employment. 
(B) The compensation for the employment. 
(C) A description of employment activities. 
(D) The period of employment. 
(E) The transportation, housing, and any other 
employee benefit to be provided and any costs to be 
charged for each benefit. 
(F) The existence of any labor organizing ef-
fort, strike, lockout, or other labor dispute at the 
place of employment. 
(G) The existence of any arrangements with 
any owner or agent of any establishment in the area 
of employment under which the contractor or em-
ployer is to receive a commission or any other ben-
efit resulting from any sales (including the provision 
of services) by such establishment to the workers. 
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519 
(H) Whether and the extent to which workers 
will be compensated through workers’ compensation, 
private insurance, or otherwise for injuries or death, 
including work related injuries and death, during the 
period of employment and, if so, the name of the 
State workers’ compensation insurance carrier or the 
name of the policyholder of the private insurance, 
the name and the telephone number of each person 
who must be notified of an injury or death, and the 
time period within which such notice must be given. 
(I) Any education or training to be provided or 
made available, including the nature and cost of 
such training, who will pay such costs, and whether 
the training is a condition of employment, continued 
employment, or future employment. 
(J) A statement, approved by the Secretary of 
Labor, describing the protections of this part for 
workers recruited abroad. 
(2) No foreign labor contractor or employer shall 
knowingly provide false or misleading information to any 
worker concerning any matter required to be disclosed in 
paragraph (1). 
(3) The information required to be disclosed by para-
graph (1) to workers shall be provided in written form. 
Such information shall be provided in English or, as nec-
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520 
essary and reasonable, in the language of the worker being 
recruited. The Department of Labor shall make forms 
available in English, Spanish, and other languages, as nec-
essary, which may be used in providing workers with infor-
mation required under this section. 
(4) No fees may be charged to a worker for recruit-
ment. 
(5) No employer or foreign labor contractor shall, 
without justification, violate the terms of any working ar-
rangement made by that contractor or employer. 
(6) The employer shall pay the transportation costs, 
including subsistence costs during the period of travel, for 
the worker from the place of recruitment to the place of 
employment and from the place of employment to such 
worker’s place of permanent residence. 
(7)(A) It shall be unlawful for an employer or a for-
eign labor contractor to fail or refuse to hire or to dis-
charge any individual, or otherwise discriminate against 
an individual with respect to compensation, terms, condi-
tions, or privileges of employment because such individ-
ual’s race, color, creed, sex, national origin, religion, age, 
or disability. 
(B) For the purposes of determining the existence of 
unlawful discrimination under subclause (A)— 
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521 
(i) in the case of a claim of discrimination 
based on race, color, creed, sex, national origin, or 
religion, the same legal standards shall apply as are 
applicable under title VII of the Civil Rights Act of 
1964 (42 U.S.C. 2000e et seq.); 
(ii) in the case of a claim of discrimination 
based on unlawful discrimination based on age, the 
same legal standards shall apply as are applicable 
under the Age Discrimination in Employment Act of 
1967 (29 U.S.C. 621 et seq.); and 
(iii) in the case of a claim of discrimination 
based on disability, the same legal standards shall 
apply as are applicable under title I of the Ameri-
cans With Disabilities Act (42 U.S.C. 12101 et 
seq.). 
(b) OTHER WORKER PROTECTIONS.—(1) Each em-
ployer shall notify the Secretary of the identity of any for-
eign labor contractor involved in any foreign labor con-
tractor activity for or on behalf of the employer. The em-
ployer shall be subject to the civil remedies of this chapter 
for violations committed by such foreign labor contractor 
to the same extent as if the employer had committed the 
violation. The employer shall notify the Secretary of the 
identity of such a foreign labor contractor whose activities 
do not comply with this chapter. 
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(2) The Secretary shall maintain a list of all foreign 
labor contractors whom the Secretary knows or believes 
have been involved in violations of this chapter, and make 
that list publicly available. The Secretary shall provide a 
procedure by which an employer, a foreign labor con-
tractor, or someone acting on behalf of such contractor 
may seek to have a foreign labor contractor’s name re-
moved from such list by demonstrating to the Secretary’s 
satisfaction that the foreign labor contractor has not vio-
lated this chapter in the previous five years. 
(3) No foreign labor contractor shall violate, without 
justification, the terms of any written agreements made 
with an employer pertaining to any contracting activity or 
worker protection under this chapter. 
(c) DISCRIMINATION PROHIBITED AGAINST WORK-
ERS SEEKING RELIEF UNDER THIS CHAPTER.—No per-
son shall intimidate, threaten, restrain, coerce, blacklist, 
discharge, or in any manner discriminate against any 
worker because such worker has, with just cause, filed any 
complaint or instituted, or caused to be instituted, any 
proceeding under or related to this chapter, or has testi-
fied or is about to testify in any such proceedings, or be-
cause of the exercise, with just cause, by such worker on 
behalf of himself or others of any right or protection af-
forded by this chapter. 
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523 
SEC. 512. ENFORCEMENT PROVISIONS. 
(a) CRIMINAL SANCTIONS.—Whoever knowingly vio-
lates this chapter shall be fined under title 18, United 
States Code, or imprisoned not more than one year, or 
both. Upon conviction, after a first conviction under this 
section, for a second or subsequent violation of this chap-
ter, the defendant shall be fined under title 18, United 
States Code, or imprisoned not more than three years, or 
both. 
(b) ADMINISTRATIVE SANCTIONS.—(1)(A) Subject to 
subparagraph (B), the Secretary may assess a civil money 
penalty of not more than $5,000 on any person who vio-
lates this chapter. 
(B) In determining the amount of any penalty to be 
assessed under subparagraph (A), the Secretary shall take 
into account (i) the previous record of the person in terms 
of compliance with this chapter and with comparable re-
quirements of the Fair Labor Standards Act of 1938, and 
with regulations promulgated under such Acts, and (ii) the 
gravity of the violation. 
(2) Any employer who uses the services of a foreign 
labor contractor who is on the list maintained by the Sec-
retary pursuant to section 2(b)(2), shall, if the actions of 
such foreign labor contractor have contributed to a viola-
tion of this chapter by the employer, be fined $10,000 per 
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524 
violation in addition to any other fines or penalties for 
which the employer may be liable for the violation. 
(c) ACTIONS BY SECRETARY.—The Secretary may 
take such actions, including seeking appropriate injunctive 
relief and specific performance of contractual obligations, 
as may be necessary to assure employer compliance with 
terms and conditions of employment under this chapter 
and with this chapter. 
(d) WAIVER OF RIGHTS.—Agreements by employees 
purporting to waive or to modify their rights under this 
chapter shall be void as contrary to public policy. 
(e) REPRESENTATION IN COURT.—Except as pro-
vided in section 518(a) of title 28, United States Code, 
relating to litigation before the Supreme Court, the Solic-
itor of Labor may appear for and represent the Secretary 
in any civil litigation brought under this chapter, but all 
such litigation shall be subject to the direction and control 
of the Attorney General. 
SEC. 513. PROCEDURES IN ADDITION TO OTHER RIGHTS OF 
EMPLOYEES. 
The rights and remedies provided to workers by this 
chapter are in addition to, and not in lieu of, any other 
contractual or statutory rights and remedies of the work-
ers, and are not intended to alter or affect such rights 
and remedies. 
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SEC. 514. AUTHORITY TO PRESCRIBE REGULATIONS. 
The Secretary of Labor shall prescribe such regula-
tions as may be necessary to carry out this chapter. 
SEC. 515. DEFINITIONS. 
(a) IN GENERAL.—Except as otherwise provided by 
this chapter, for purposes of this chapter the terms used 
in this chapter shall have the same meanings, respectively, 
as are given those terms in section 3 of the Fair Labor 
Standards Act of 1938. 
(b) OTHER DEFINITIONS.—As used in this chapter: 
(1) The term ‘‘State’’ means any State of the 
United States and includes the District of Columbia, 
Puerto Rico, Guam, American Samoa, the Common-
wealth of the Northern Mariana Islands, and the 
Virgin Islands of the United States. 
(2) The term ‘‘foreign labor contractor’’ means 
any person who for any money or other valuable 
consideration paid or promised to be paid, performs 
any foreign labor contracting activity. 
(3) The term ‘‘foreign labor contracting activ-
ity’’ means recruiting, soliciting, hiring, employing, 
or furnishing, an individual who resides outside of 
the United States to be employed in the United 
States. 
(4) The term ‘‘Secretary’’ means the Secretary 
of Labor. 
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(5) The term ‘‘worker’’ means an individual 
who is the subject of foreign labor contracting activ-
ity. 
CHAPTER 3—TECHNICAL CORRECTION 
SEC. 521. TECHNICAL CORRECTION. 
Section 212 of the Immigration and Nationality Act 
is amended by redesignating the second subsection (t), as 
added by section 1(b)(2)(B) of the Act entitled ‘‘An Act 
to amend and extend the Irish Peace Process Cultural and 
Training Program Act of 1998’’ (Public Law 108–449 
(118 Stat. 3470)), as subsection (u). 
Subtitle B—Reforms of Certain 
Classes of Employment-based Visas 
CHAPTER 1—H–1B VISA FRAUD AND 
ABUSE PROTECTIONS 
Subchapter A—H–1B Employer Application 
Requirements 
SEC. 
531. 
MODIFICATION 
OF 
APPLICATION 
REQUIRE-
MENTS. 
(a) GENERAL APPLICATION REQUIREMENTS.—Sub-
paragraph (A) of section 212(n)(1) of the Immigration 
and Nationality Act (8 U.S.C. 1182(n)(1)) is amended to 
read as follows: 
‘‘(A) The employer— 
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