370 
services), that will be supported through the grant 
funds; 
(6) the recognized postsecondary credentials 
that workers will obtain through participation in the 
program and the quality of the program that leads 
to the credentials; 
(7) levels of performance to be achieved on the 
performance indicators described in section 8, to 
measure progress towards expanding work-based 
learning programs; 
(8) how local or regional partnerships will lever-
age additional resources, including funding provided 
under title I of the Workforce Innovation and Op-
portunity Act (29 U.S.C. 3111 et seq.) and non- 
Federal resources, to support the activities carried 
out under this Act; and 
(9) such other subjects as the Secretary may 
require. 
(d) REVIEW OF APPLICATIONS.—The Secretary shall 
review applications submitted under subsection (c) in con-
sultation with the Secretary of Education and the Sec-
retary of Health and Human Services. 
SEC. 24303. GRANTS TO PARTNERSHIPS. 
(a) GRANTS.— 
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(1) IN
GENERAL.—The Governor of a State 
that receives an allotment under section 5 shall use 
the funds made available through the allotment and 
not reserved under subsection (d) to award grants to 
eligible partnerships. The Governor shall award the 
grants for the purpose of assisting (which may in-
clude establishing or expanding) local or regional in-
dustry or sector partnerships that are identified in 
the application submitted under section 5(c), to 
carry out activities described in section 7. 
(2) PERIOD OF GRANT.—A State may make a 
grant under this section for a period of 3 years. 
(3) AVAILABILITY OF FUNDS.—The Governor of 
a State that receives an allotment under section 5 
for a fiscal year may use the funds made available 
through the allotment during that year or the 2 sub-
sequent fiscal years. 
(b) ELIGIBILITY.—To be eligible to receive a grant 
under this section, an industry or sector partnership de-
scribed in subsection (a)(1) shall— 
(1) submit an application to the State at such 
time, in such manner, and containing such informa-
tion as the State may require; and 
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372 
(2) designate a partner in the industry or sector 
partnership, to serve as the fiscal agent for purposes 
of the grant. 
(c) AWARDS OF GRANTS.— 
(1) PARTICIPATION
IN
MULTIPLE
ELIGIBLE 
PARTNERSHIPS.—Subject to paragraph (2), a State 
may award grants under this section in a way that 
results in an entity being represented in more than 
one partnership that receives such a grant. 
(2) GEOGRAPHIC
DIVERSITY.—In making the 
grants, a State shall ensure that there is geographic 
diversity in the areas in which activities will be car-
ried out under the grants. 
(d) ADMINISTRATION.—The State may reserve not 
more than 5 percent of the amount of an allotment under 
section 5 for the administration of the grants awarded 
under this section. 
SEC. 24304. USE OF FUNDS. 
(a) IN GENERAL.—An eligible partnership that re-
ceives a grant under section 6 shall use the grant funds 
to support apprenticeships or other work-based learning 
programs. The eligible partnership shall use the grant 
funds to support the activities described in subsections (b) 
and (c) and such other strategies as may be necessary to 
support the development and implementation of work- 
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based learning programs, and participant retention in and 
completion of those programs. The partnership may use 
the grant funds to establish or expand eligible partner-
ships. 
(b) BUSINESS ENGAGEMENT.—The eligible partner-
ship shall use grant funds to provide services to engage 
businesses in work-based learning programs, which may 
include assisting a small or medium-sized business with— 
(1) the navigation of the registration process 
for a sponsor of an apprenticeship program; 
(2) the connection of the business with an edu-
cation provider to develop classroom instruction to 
complement on-the-job learning; 
(3) the development of a curriculum for a work- 
based learning program; 
(4) the employment of workers in a work-based 
learning program for a transitional period before the 
business hires an individual for continuing employ-
ment; 
(5) the provision of training to managers and 
front-line workers to serve as trainers or mentors to 
workers in the work-based learning program; 
(6) the provision of career awareness activities; 
and 
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374 
(7) the recruitment of individuals to participate 
in a work-based learning program from individuals 
receiving additional workforce and human services, 
including— 
(A) workers in programs under the Work-
force Innovation and Opportunity Act (29 
U.S.C. 3101 et seq.); 
(B) recipients of assistance through the 
supplemental nutrition assistance program es-
tablished under the Food and Nutrition Act of 
2008 (7 U.S.C. 2011 et seq.); and 
(C) recipients of assistance through the 
program of block grants to States for tem-
porary assistance for needy families established 
under part A of title IV of the Social Security 
Act (42 U.S.C. 601 et seq.). 
(c) SUPPORT SERVICES FOR WORKERS.— 
(1) IN
GENERAL.—The eligible partnership 
shall use grant funds to provide support services for 
workers to assure their success in work-based learn-
ing programs, which may include— 
(A) connection of individuals with adult 
basic education during pre-work-based learning 
or training, and during the period of employ-
ment; 
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375 
(B) connection of individuals with pre- 
work-based learning or training, including 
through a pre-apprenticeship program; 
(C) provision of additional mentorship and 
retention supports for individuals pre-work- 
based learning or training, and during the pe-
riod of employment; 
(D) provision of tools, work attire, and 
other required items necessary to start employ-
ment pre-work-based learning or training, and 
during the period of employment; and 
(E) provision of transportation, child care 
services, or other support services pre-work- 
based learning or training, and during the pe-
riod of employment. 
(2) LENGTH OF SERVICES.—Each eligible part-
nership shall provide support services for workers for 
not less than 12 months after the date of placement 
of an individual in a work-based learning program. 
That 12-month period shall include a period of pre- 
work-based learning or training, a transitional pe-
riod of employment as described in subsection 
(b)(4), and a period of continuing employment. 
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377 
the Workforce Innovation and Opportunity Act 
and by race, ethnicity, sex, and age. 
(b) STATE REPORTS.—Not later than 24 months 
after receiving initial local reports under subsection (a) 
(but in no case less than 18 months after the cor-
responding grants are awarded) and annually thereafter, 
the State shall conduct an evaluation and submit a report 
to the Secretary containing— 
(1) the information provided by the eligible 
partnerships through the local reports; and 
(2) the State level of performance, aggregated 
across all eligible partnerships, with respect to the 
performance indicators described in subsection (a). 
PART 2—HIGH-DEMAND CAREERS 
SEC. 24401. GRANTS FOR ACCESS TO HIGH-DEMAND CA-
REERS. 
(a) PURPOSE.—The purpose of this section is to ex-
pand student access to, and participation in, new industry- 
led earn-and-learn programs leading to high-wage, high- 
skill, and high-demand careers. 
(b) AUTHORIZATION
OF APPRENTICESHIP GRANT 
PROGRAM.— 
(1) IN GENERAL.—From the amounts provided 
under this title, the Secretary shall award grants, on 
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378 
a competitive basis, to eligible partnerships for the 
purpose described in subsection (a). 
(2) DURATION.—The Secretary shall award 
grants under this section for a period of— 
(A) not less than 1 year; and 
(B) not more than 4 years. 
(3) LIMITATIONS.— 
(A) NUMBER
OF
AWARDS.—An eligible 
partnership or member of such partnership may 
not be awarded more than one grant under this 
section. 
(B) ADMINISTRATION COSTS.—An eligible 
partnership awarded a grant under this section 
may not use more than 5 percent of the grant 
funds to pay administrative costs associated 
with activities funded by the grant. 
(c) MATCHING FUNDS.—To receive a grant under 
this section, an eligible partnership shall, through cash or 
in-kind contributions, provide matching funds from non- 
Federal sources in an amount equal to or greater than 
50 percent of the amount of such grant. 
(d) APPLICATIONS.— 
(1) IN GENERAL.—To receive a grant under 
this section, an eligible partnership shall submit to 
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379 
the Secretary at such a time as the Secretary may 
require, an application that— 
(A) identifies and designates the business 
or institution of higher education responsible 
for the administration and supervision of the 
earn-and-learn program for which such grant 
funds would be used; 
(B) identifies the businesses and institu-
tions of higher education that comprise the eli-
gible partnership; 
(C) identifies the source and amount of the 
matching funds required under subsection (c); 
(D) identifies the number of students who 
will participate and complete the relevant earn- 
and-learn program within 1 year of the expira-
tion of the grant; 
(E) identifies the amount of time, not to 
exceed 2 years, required for students to com-
plete the program; 
(F) identifies the relevant recognized post-
secondary credential to be awarded to students 
who complete the program; 
(G) identifies the anticipated earnings of 
students— 
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380 
(i) 1 year after program completion; 
and 
(ii) 3 years after program completion; 
(H) describes the specific project for which 
the application is submitted, including a sum-
mary of the relevant classroom and paid struc-
tured on-the-job training students will receive; 
(I) describes how the eligible partnership 
will finance the program after the end of the 
grant period; 
(J) describes how the eligible partnership 
will support the collection of information and 
data for purposes of the program evaluation re-
quired under subsection (e); and 
(K) describes the alignment of the pro-
gram with State identified in-demand industry 
sectors. 
(e) EVALUATION.— 
(1) IN GENERAL.—From the amounts provided 
under this title, the Secretary shall provide for the 
independent evaluation of the grant program estab-
lished under this section that includes the following: 
(A) The number of eligible individuals who 
participated in programs assisted under this 
section. 
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381 
(B) The percentage of program partici-
pants who are in unsubsidized employment dur-
ing the second quarter after exit from the pro-
gram. 
(C) The percentage of program partici-
pants who are in unsubsidized employment dur-
ing the fourth quarter after exit from the pro-
gram. 
(D) The median earnings of program par-
ticipants who are in unsubsidized employment 
during the second quarter after exit from the 
program. 
(E) The percentage of program partici-
pants who obtain a recognized postsecondary 
credential during participation in the program. 
(2) PUBLICATION.—The evaluation required by 
this subsection shall be made publicly available on 
the website of the Department. 
(f) DEFINITIONS.—In this section: 
(1) EARN-AND-LEARN
PROGRAM.—The term 
‘‘earn-and-learn program’’ means an education pro-
gram, including an apprenticeship program, that 
provides students with structured, sustained, and 
paid on-the-job training and accompanying, for cred-
it, classroom instruction that— 
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382 
(A) is for a period of between 3 months 
and 2 years; and 
(B) leads to, on completion of the pro-
gram, a recognized postsecondary credential. 
(2) ELIGIBLE PARTNERSHIP.—The term ‘‘eligi-
ble partnership’’ shall mean a consortium that in-
cludes— 
(A) 1 or more businesses; and 
(B) 1 or more institutions of higher edu-
cation. 
(3) IN-DEMAND INDUSTRY SECTOR OR OCCUPA-
TION.—The term ‘‘in-demand industry sector or oc-
cupation’’ has the meaning given the term in section 
3 of the Workforce Innovation and Opportunity Act 
(29 U.S.C. 3102). 
(4) ON-THE-JOB TRAINING.—The term ‘‘on-the- 
job training’’ has the meaning given the term in sec-
tion 3 of the Workforce Innovation and Opportunity 
Act (29 U.S.C. 3102). 
(5) RECOGNIZED
POSTSECONDARY
CREDEN-
TIAL.—The term ‘‘recognized postsecondary creden-
tial’’ has the meaning given the term in section 3 of 
the Workforce Innovation and Opportunity Act (29 
U.S.C. 3102). 
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383 
DIVISION 
C—IMPROVING 
SEA-
SONAL GUEST WORKER OP-
PORTUNITIES 
SEC. 31001. SHORT TITLE. 
This division may be cited as the ‘‘H–2B Returning 
Worker Exception Act’’. 
SEC. 31002. DEFINITIONS. 
For purposes of this division: 
(1) The term ‘‘H–2B’’, when used with respect 
to a worker or other individual, refers an alien ad-
mitted or provided status as a nonimmigrant de-
scribed in section 101(a)(15)H)(ii)(b) of the Immi-
gration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(H)(ii)(b)). Such term, when used with 
respect to a petition, procedure, process, program, or 
visa, refers to a petition, procedure, process, pro-
gram, or visa related to admission or provision of 
status under such section. 
(2) The term ‘‘job order’’ means the document 
containing the material terms and conditions of em-
ployment, including obligations and assurances re-
quired under this division or any other law. 
(3) The term ‘‘United States worker’’ means 
any employee who is— 
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384 
(A) a national of the United States (as de-
fined in section 101(a)(22) of the Immigration 
and Nationality Act (8 U.S.C. 1101(a)(22))); or 
(B) an alien lawfully admitted for perma-
nent residence, is admitted as a refugee under 
section 207 of such Act (8 U.S.C. 1157), is 
granted asylum under section 208 of such Act 
(8 U.S.C. 1158), or is an immigrant otherwise 
authorized by the immigration laws (as defined 
in section 101(a)(17) of such Act (8 U.S.C. 
1101(a)(17))) or the Secretary of Homeland 
Security to be employed. 
SEC. 31003. H–2B CAP RELIEF. 
(a) 
H–2B 
NUMERICAL
LIMITATIONS.—Section 
214(g)(9)(A) of the Immigration and Nationality Act (8 
U.S.C. 1184(g)(9)(A)) is amended— 
(1) by striking ‘‘fiscal year 2013, 2014, or 
2015’’ and inserting ‘‘1 of the 3 preceding fiscal 
years’’; and 
(2) by striking ‘‘fiscal year 2016’’ and inserting 
‘‘a fiscal year’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect during the fiscal year in 
which it is enacted. 
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385 
SEC. 31004. INCREASED SANCTIONS FOR WILLFUL MIS-
REPRESENTATION OR FAILURE TO MEET THE 
REQUIREMENTS FOR PETITIONING FOR AN 
H–2B WORKER. 
Section 214 of the Immigration and Nationality Act 
(8 U.S.C. 1184) is amended— 
(1) in subsection (c)(13)(B), by striking 
‘‘$150’’ and inserting ‘‘$350’’; and 
(2) in subsection (c)(14)(A)(i), by striking 
‘‘may, in addition to any other remedy authorized by 
law, impose such administrative remedies (including 
civil monetary penalties in an amount not to exceed 
$10,000 per violation)’’ and inserting ‘‘shall impose 
civil monetary penalties in an amount of not less 
than $1,000 but not to exceed $10,000 per violation, 
in addition to any other remedy authorized by law, 
and may impose such other administrative rem-
edies’’. 
SEC. 31005. REDUCTION OF PAPERWORK BURDEN. 
(a) STREAMLINED H–2B PLATFORM.— 
(1) IN GENERAL.—Not later than 12 months 
after the date of the enactment of this division, the 
Secretary of Homeland Security, in consultation 
with the Secretary of Labor, the Secretary of State, 
and the Administrator of the United States Digital 
Service, shall ensure the establishment of an elec-
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386 
tronic platform through which employers may sub-
mit and request approval of an H–2B petition. Such 
platform shall— 
(A) serve as a single point of access for 
employers to input all information and sup-
porting documentation required for obtaining 
labor certification from the Secretary of Labor 
and the adjudication of the petition by the Sec-
retary of Homeland Security; 
(B) serve as a single point of access for the 
Secretary of Homeland Security, the Secretary 
of Labor, the Secretary of State, and State 
workforce agencies concurrently to perform 
their respective review and adjudicatory respon-
sibilities in the petition process; 
(C) facilitate communication between em-
ployers and agency adjudicators, including by 
allowing employers to— 
(i) receive and respond to notices of 
deficiency and requests for information; 
(ii) receive notices of approval and de-
nial; and 
(iii) request reconsideration or appeal 
of agency decisions; and 
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387 
(D) provide information to the Secretary of 
State and the Secretary of Homeland Security 
necessary for the efficient and secure processing 
of H–2B visas and applications for admission. 
(2) OBJECTIVES.—In developing the platform 
described in paragraph (1), the Secretary of Home-
land Security, in consultation with the Secretary of 
Labor, the Secretary of State, and the Adminis-
trator of the United States Digital Service, shall 
make an effort to streamline and improve the H–2B 
process, including by— 
(A) eliminating the need for employers to 
submit duplicate information and documenta-
tion to multiple agencies; 
(B) reducing common petition errors, and 
otherwise improving and expediting the proc-
essing of H–2B petitions; 
(C) ensuring compliance with H–2B pro-
gram requirements and the protection of the 
wages and working conditions of workers; and 
(D) eliminating unnecessary government 
waste. 
(3) ENHANCEMENT OF EXISTING PLATFORM.— 
If the Secretary of Homeland Security, the Sec-
retary of Labor, the Secretary of State, or the State 
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388 
workforce agencies already have an electronic plat-
form with respect to the H–2B process on the date 
of the enactment of this division, they shall enhance 
it as necessary so as to ensure that adjudication of 
an H–2B petition may be conducted electronically as 
specified in this section. 
(b) ONLINE JOB REGISTRY.—The Secretary of Labor 
shall maintain a publicly accessible online job registry and 
database of all job orders submitted by H–2B employers. 
The registry and database shall— 
(1) be searchable using relevant criteria, includ-
ing the types of jobs needed to be filled, the dates 
and locations of need, and the employers named in 
the job order; 
(2) provide an interface for workers in English, 
Spanish, and any other language that the Secretary 
of Labor determines to be appropriate; and 
(3) provide for public access of job order certifi-
cations. 
SEC. 31006. WORKPLACE SAFETY. 
(a) WORKSITE SAFETY AND COMPLIANCE PLAN.— 
If the employer is seeking to employ an H–2B worker pur-
suant to this division and the Immigration and Nationality 
Act (8 U.S.C. 1101 et seq.), the employer shall maintain 
an effective worksite safety and compliance plan to ensure 
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389 
safety and reduce workplace illnesses, injuries and fatali-
ties. Such plan shall— 
(1) be in writing in English and, to the extent 
necessary, any language common to a significant 
portion of the workers if they are not fluent in 
English; and 
(2) be posted at a conspicuous location at the 
worksite and provided to employees prior to the com-
mencement of labor or services. 
(b) CONTENTS OF PLAN.—The Secretary of Labor 
shall establish by regulation the minimum requirements 
for the plan described in subsection (a). Such plan shall 
include measures to— 
(1) protect against sexual harassment and vio-
lence, resolve complaints involving harassment or vi-
olence, and protect against retaliation against work-
ers reporting harassment or violence; and 
(2) contain other provisions necessary for en-
suring workplace safety. 
SEC. 31007. FOREIGN LABOR RECRUITING; PROHIBITION 
ON FEES. 
(a) FOREIGN LABOR RECRUITING.—If an employer 
has engaged any foreign labor contractor or recruiter (or 
any agent of such a foreign labor contractor or recruiter) 
in the recruitment of H–2B workers, the employer shall 
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390 
disclose the identity and geographic location of such per-
son or entity to the Secretary of Labor in accordance with 
the regulations of the Secretary. 
(b) PROHIBITION
AGAINST
EMPLOYEES
PAYING 
FEES.—Neither the employer nor its agents shall seek or 
receive payment of any kind from any worker for any ac-
tivity related to the H–2B petition process, including pay-
ment of the employer’s attorneys’ fees, application fees, 
or recruitment costs. An employer and its agents may re-
ceive reimbursement for costs that are the responsibility, 
and primarily for the benefit, of the worker, such as gov-
ernment-required passport fees. 
(c) THIRD-PARTY CONTRACTS.—The employer shall 
contractually forbid any foreign labor contractor or re-
cruiter (or any agent of a foreign labor contractor or re-
cruiter) who the employer engages, either directly or indi-
rectly, in the recruitment of H–2B workers to seek or re-
ceive payments or other compensation from prospective 
employees. Upon learning that a foreign labor contractor 
or recruiter has collected such payments, the employer 
shall terminate any contracts with the foreign labor con-
tractor or recruiter. 
SEC. 31008. PROGRAM INTEGRITY MEASURES. 
(a) ENFORCEMENT AUTHORITY.—With respect to 
the H–2B program, the Secretary of Labor is authorized 
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391 
to take such actions against employers, including imposing 
appropriate penalties and seeking monetary and injunctive 
relief and specific performance of contractual obligations, 
as may be necessary to ensure compliance with— 
(1) the requirements of this division and the 
Immigration and Nationality Act (8 U.S.C. 1101 et 
seq.); and 
(2) the applicable terms and conditions of em-
ployment. 
(b) COMPLAINT PROCESS.— 
(1) PROCESS.—With respect to the H–2B pro-
gram, the Secretary of Labor shall establish a proc-
ess for the receipt, investigation, and disposition of 
complaints alleging failure of an employer to comply 
with— 
(A) the requirements of this division and 
the Immigration and Nationality Act (8 U.S.C. 
1101 et seq.); and 
(B) the applicable terms and conditions of 
employment. 
(2) FILING.—Any aggrieved person or organiza-
tion, including a bargaining representative, may file 
a complaint referred to in paragraph (1) not later 
than 2 years after the date of the conduct that is 
the subject of the complaint. 
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392 
(3) COMPLAINT NOT EXCLUSIVE.—A complaint 
filed under this subsection is not an exclusive rem-
edy and the filing of such a complaint does not 
waive any rights or remedies of the aggrieved party 
under this law or other laws. 
(4) DECISION
AND
REMEDIES.—If the Sec-
retary of Labor finds, after notice and opportunity 
for a hearing, that the employer failed to comply 
with the requirements of this division, the Immigra-
tion and Nationality Act (8 U.S.C. 1101 et seq.), or 
the terms and conditions of employment, the Sec-
retary of Labor shall require payment of unpaid 
wages, unpaid benefits, damages, and civil money 
penalties. The Secretary is also authorized to impose 
other administrative remedies, including disqualifica-
tion of the employer from utilizing the H–2B pro-
gram for a period of up to 5 years in the event of 
willful or multiple material violations. The Secretary 
is authorized to permanently disqualify an employer 
from utilizing the H–2B program upon a subsequent 
finding involving willful or multiple material viola-
tions. 
(5) DISPOSITION OF PENALTIES.—To the ex-
tent provided in advance in appropriations Acts, civil 
penalties collected under this subsection shall be 
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394 
(C) cooperates or seeks to cooperate in an 
investigation or other proceeding concerning the 
employer’s compliance with the immigration 
laws relating to the H–2B program, or any rule 
or regulation relating to such program; or 
(D) has taken steps to exercise or assert 
any right or protection under the provisions of 
this section, or any rule or regulation pertaining 
to this section, or any other relevant Federal, 
State, or local law. 
(c) INTERAGENCY COMMUNICATION.—The Secretary 
of Labor, in consultation with the Secretary of Homeland 
Security, the Secretary of State and the Equal Employ-
ment Opportunity Commission, shall establish mecha-
nisms by which the agencies and their components share 
information, including by public electronic means, regard-
ing complaints, studies, investigations, findings and rem-
edies regarding compliance by employers with the require-
ments of the H–2B program and other employment-re-
lated laws and regulations. 
SEC. 31009. PROGRAM ELIGIBILITY. 
(a) IN GENERAL.—A petition filed by an employer 
under subsection (c)(1) initially to grant an alien non-
immigrant status under section 101(a)(15)(H)(ii)(b) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
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395 
1101(a)(15)(H)(ii)(b)), or to extend or change to such sta-
tus, may be approved only for nationals of countries that 
the Secretary of Homeland Security has designated as 
participating countries, with the concurrence of the Sec-
retary of State, in a notice published in the Federal Reg-
ister, taking into account for each such country factors, 
including— 
(1) the fraud rate relating to petitions under 
section 101(a)(15)(H)(ii) of such Act (8 U.S.C. 
1101(a)(15)(H)(ii)) filed for by nationals of the 
country and visa applications under such section 
filed by nationals of the country; 
(2) the denial rate of visa applications under 
such section 101(a)(15)(H)(ii) filed by nationals of 
the country; 
(3) the overstay rate of nationals of the country 
who were admitted to the United States under such 
section 101(a)(15)(H)(ii); 
(4) the number of nationals of the country who 
were admitted to the United States under such sec-
tion 101(a)(15)(H)(ii) and who were reported by 
their employers to— 
(A) have failed to report to work within 5 
workdays of the employment start date on the 
petition or within 5 workdays of the date on 
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396 
which the worker is admitted into the United 
States pursuant to the petition, whichever is 
later; or 
(B) have not reported for work for a pe-
riod of 5 consecutive workdays without the con-
sent of the employer; 
(5) the number of final and unexecuted orders 
of removal against citizens, subjects, nationals, and 
residents of the country; and 
(6) such other factors as may serve the United 
States interest. 
(b) LIMITATION.—A country may not be included on 
the list described in subsection (a) if the country denies 
or unreasonably delays the repatriation of aliens who are 
subject to a final order of removal and who are citizens, 
subjects, nationals or residents of that country. 
(c) STATISTICS.—The Secretary of Homeland Secu-
rity shall include in the notice described in subsection (a), 
for each country included in the list of participating coun-
tries, the statistics referenced in paragraphs (1) through 
(5) of that subsection, if available, for the immediately 
preceding fiscal year. 
(d) NATIONAL FROM
A COUNTRY NOT
ON
THE 
LIST.—A national from a country not on the list described 
in subsection (a) may be a beneficiary of an approved peti-
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397 
tion under such section 101(a)(15)(H)(ii) upon the re-
quest of a petitioner or potential petitioner, if the Sec-
retary of Homeland Security, in his sole and unreviewable 
discretion, determines that it is in the United States inter-
est for that alien to be a beneficiary of such petition. De-
termination of such a United States interest will take into 
account factors, including but not limited to— 
(1) evidence from the petitioner demonstrating 
that a worker with the required skills is not available 
from among foreign workers from a country cur-
rently on the list described in subsection (a); 
(2) evidence that the beneficiary has been ad-
mitted to the United States previously in status 
under such section 101(a)(15)(H)(ii); 
(3) the potential for abuse, fraud, or other 
harm to the integrity of the visa program under 
such section 101(a)(15)(H)(ii) through the potential 
admission of a beneficiary from a country not cur-
rently on the list; and 
(4) such other factors as may serve the United 
States interest. 
(e) DURATION.—Once published, any designation of 
participating countries pursuant to subsection (a) shall be 
effective for one year after the date of publication in the 
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398 
Federal Register and shall be without effect at the end 
of that one-year period. 
SEC. 31010. H–2B EMPLOYER NOTIFICATION REQUIREMENT. 
(a) IN GENERAL.—An employer of one or more H– 
2B workers shall, within three business days, make elec-
tronic notification, in the manner prescribed by the Sec-
retary of Homeland Security, of the following events: 
(1) Such a worker fails to report to work within 
5 workdays of the employment start date on the pe-
tition or within 5 workdays of the date on which the 
worker is admitted into the United States pursuant 
to the petition, whichever is later. 
(2) The labor or services for which such a work-
er was hired is completed more than 30 days earlier 
than the employment end date stated on the peti-
tion. 
(3) The employment of such a worker is termi-
nated prior to the completion of labor or services for 
which he or she was hired. 
(4) Such a worker has not reported for work 
for a period of 5 consecutive workdays without the 
consent of the employer. 
(b) EVIDENCE.—An employer shall retain evidence of 
a notification described in subsection (a) and make it 
available for inspection by officers of the Department of 
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399 
Homeland Security for a 1-year period beginning on the 
date of the notification. 
(c) PENALTY.—The Secretary shall impose civil mon-
etary penalties, in an amount not less than $500 per viola-
tion and not to exceed $1,000 per violation, as the Sec-
retary determines to be appropriate, for each instance 
where the employer cannot demonstrate that it has com-
plied with the notification requirements, unless, in the 
case of an untimely notification, the employer dem-
onstrates with such notification that good cause existed 
for the untimely notification, and the Secretary of Home-
land Security, in the Secretary’s discretion, waives such 
penalty. 
(d) PROCESS.—If the Secretary has determined that 
an employer has violated the notification requirements in 
subsection (a), the employer shall be given written notice 
and 30 days to reply before being given written notice of 
the assessment of the penalty. 
(e) FAILURE TO PAY PENALTY.—If a penalty de-
scribed in subsection (c) is not paid within 10 days of as-
sessment, no nonimmigrant or immigrant petition may be 
processed for that employer, nor may that employer con-
tinue to employ nonimmigrants, until such penalty is paid. 
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400 
SEC. 31011. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated for fiscal 
year 2024 and each fiscal year thereafter such sums as 
may be necessary for the purposes of— 
(1) recruiting United States workers for labor 
or services which might otherwise be performed by 
H–2B workers, including by ensuring that State 
workforce agencies are sufficiently funded to fulfill 
their functions under the H–2B program; 
(2) enabling the Secretary of Labor to make de-
terminations and certifications under the H–2B pro-
gram in accordance with this division and the Immi-
gration and Nationality Act (8 U.S.C. 1101 et seq.), 
including the operation of the publicly accessible on-
line job registry and database of job orders described 
in section 1005(b) of this division; and 
(3) monitoring the terms and conditions under 
which H–2B workers (and United States workers 
employed by the same employers) are employed in 
the United States. 
DIVISION D—AMERICAN 
AGRICULTURE DOMINANCE ACT 
SEC. 41001. SHORT TITLE. 
This Act may be cited as the ‘‘American Agriculture 
Dominance Act’’. 
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401 
TITLE I—SECURING THE DOMES-
TIC 
AGRICULTURAL 
WORK-
FORCE 
Subtitle A—Status for Certified 
Agricultural Workers 
SEC. 41101. CERTIFIED AGRICULTURAL WORKER STATUS. 
(a) REQUIREMENTS FOR CERTIFIED AGRICULTURAL 
WORKER STATUS.— 
(1) PRINCIPAL
ALIENS.—The Secretary may 
grant certified agricultural worker status to an alien 
who submits a completed application, including the 
required processing fees, before the end of the period 
set forth in subsection (c) and who— 
(A) performed agricultural labor or serv-
ices in the United States for at least 1,035 
hours (or 180 workdays) during the 2-year pe-
riod preceding the date of the introduction of 
this Act; 
(B) on the date of the introduction of this 
Act— 
(i) is inadmissible or deportable from 
the United States; or 
(ii) is under a grant of deferred en-
forced departure or has temporary pro-
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402 
tected status under section 244 of the Im-
migration and Nationality Act; 
(C) subject to section 104, has been con-
tinuously present in the United States since the 
date of the introduction of this Act and until 
the date on which the alien is granted certified 
agricultural worker status; and 
(D) is not otherwise ineligible for certified 
agricultural worker status as provided in sub-
section (b). 
(2) DEPENDENT SPOUSE AND CHILDREN.—The 
Secretary may grant certified agricultural dependent 
status to the spouse or child of an alien granted cer-
tified agricultural worker status under paragraph 
(1) if the spouse or child is not ineligible for cer-
tified agricultural dependent status as provided in 
subsection (b). 
(b) GROUNDS FOR INELIGIBILITY.— 
(1) GROUNDS OF INADMISSIBILITY.—Except as 
provided in paragraph (3), an alien is ineligible for 
certified agricultural worker or certified agricultural 
dependent status if the Secretary determines that 
the alien is inadmissible under section 212(a) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
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403 
1182(a)), except that in determining inadmis-
sibility— 
(A) paragraphs (4), (5), (7), and (9)(B) of 
such section shall not apply; 
(B) subparagraphs (A), (C), (D), (F), and 
(G) of such section 212(a)(6) and paragraphs 
(9)(C) and (10)(B) of such section 212(a) shall 
not apply unless based on the act of unlawfully 
entering the United States after the date of in-
troduction of this Act; and 
(C) paragraphs (6)(B) and (9)(A) of such 
section 212(a) shall not apply unless the rel-
evant conduct began on or after the date of fil-
ing of the application for certified agricultural 
worker status. 
(2) ADDITIONAL
CRIMINAL
BARS.—Except as 
provided in paragraph (3), an alien is ineligible for 
certified agricultural worker or certified agricultural 
dependent status if the Secretary determines that, 
excluding any offense under State law for which an 
essential element is the alien’s immigration status 
and any minor traffic offense, the alien has been 
convicted of— 
(A) any felony offense; 
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404 
(B) an aggravated felony (as defined in 
section 101(a)(43) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(43)) at the 
time of the conviction); 
(C) two misdemeanor offenses involving 
moral turpitude, as described in section 
212(a)(2)(A)(i)(I) of the Immigration and Na-
tionality Act (8 U.S.C. 1182(a)(2)(A)(i)(I)), 
unless an offense is waived by the Secretary 
under paragraph (3)(B); or 
(D) three or more misdemeanor offenses 
not occurring on the same date, and not arising 
out of the same act, omission, or scheme of 
misconduct. 
(3) WAIVERS FOR CERTAIN GROUNDS OF INAD-
MISSIBILITY.—For humanitarian purposes, family 
unity, or if otherwise in the public interest, the Sec-
retary may waive the grounds of inadmissibility 
under— 
(A) paragraph (1), (6)(E), or (10)(D) of 
section 212(a) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(a)); or 
(B) subparagraphs (A) and (D) of section 
212(a)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1182(a)(2)), unless inadmis-
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405 
sibility is based on a conviction that would oth-
erwise render the alien ineligible under subpara-
graph (A), (B), or (D) of paragraph (2). 
(c) APPLICATION.— 
(1) APPLICATION PERIOD.—Except as provided 
in paragraph (2), the Secretary shall accept initial 
applications for certified agricultural worker status 
during the 18-month period beginning on the date 
on which the interim final rule is published in the 
Federal Register pursuant to section 122(a). 
(2) EXTENSION.—If the Secretary determines, 
during the initial period described in paragraph (1), 
that additional time is required to process initial ap-
plications for certified agricultural worker status or 
for other good cause, the Secretary may extend the 
period for accepting applications for up to an addi-
tional 12 months. 
(3) SUBMISSION OF APPLICATIONS.— 
(A) IN GENERAL.—An alien may file an 
application with the Secretary under this sec-
tion with the assistance of an attorney or a 
nonprofit religious, charitable, social service, or 
similar organization recognized by the Board of 
Immigration Appeals under section 292.2 of 
title 8, Code of Federal Regulations. The Sec-
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406 
retary shall also create a procedure for accept-
ing applications filed by qualified designated en-
tities with the consent of the applicant. 
(B) FARM
SERVICE
AGENCY
OFFICES.— 
The Secretary, in consultation with the Sec-
retary of Agriculture, shall establish a process 
for the filing of applications under this section 
at Farm Service Agency offices throughout the 
United States. 
(4) EVIDENCE
OF
APPLICATION
FILING.—As 
soon as practicable after receiving an application for 
certified agricultural worker status, the Secretary 
shall provide the applicant with a document acknowl-
edging the receipt of such application. Such docu-
ment shall serve as interim proof of the alien’s au-
thorization to accept employment in the United 
States and shall be accepted by an employer as evi-
dence of employment authorization under section 
274A(b)(1)(C) of the Immigration and Nationality 
Act (8 U.S.C. 1324a(b)(1)(C)), if the employer is 
employing the holder of such document to perform 
agricultural labor or services, pending a final admin-
istrative decision on the application. 
(5) EFFECT OF PENDING APPLICATION.—Dur-
ing the period beginning on the date on which an 
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407 
alien applies for certified agricultural worker status 
under this subtitle, and ending on the date on which 
the Secretary makes a final administrative decision 
regarding such application, the alien and any de-
pendents included in the application— 
(A) may apply for advance parole, which 
shall be granted upon demonstrating a legiti-
mate need to travel outside the United States 
for a temporary purpose; 
(B) may not be detained by the Secretary 
or removed from the United States unless the 
Secretary makes a prima facie determination 
that such alien is, or has become, ineligible for 
certified agricultural worker status; 
(C) may not be considered unlawfully 
present under section 212(a)(9)(B) of the Im-
migration and Nationality Act (8 U.S.C. 
1182(a)(9)(B)); and 
(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))). 
(6) WITHDRAWAL OF APPLICATION.—The Sec-
retary shall, upon receipt of a request from the ap-
plicant to withdraw an application for certified agri-
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408 
cultural worker status under this subtitle, cease 
processing of the application, and close the case. 
Withdrawal of the application shall not prejudice 
any future application filed by the applicant for any 
immigration benefit under this Act or under the Im-
migration and Nationality Act (8 U.S.C. 1101 et 
seq.). 
(d) ADJUDICATION AND DECISION.— 
(1) IN GENERAL.—Subject to section 123, the 
Secretary shall render a decision on an application 
for certified agricultural worker status not later than 
180 days after the date the application is filed. 
(2) NOTICE.—Prior to denying an application 
for certified agricultural worker status, the Sec-
retary shall provide the alien with— 
(A) written notice that describes the basis 
for ineligibility or the deficiencies in the evi-
dence submitted; and 
(B) at least 90 days to contest ineligibility 
or submit additional evidence. 
(3) AMENDED APPLICATION.—An alien whose 
application for certified agricultural worker status is 
denied under this section may submit an amended 
application for such status to the Secretary if the 
amended application is submitted within the applica-
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409 
tion period described in subsection (c) and contains 
all the required information and fees that were miss-
ing from the initial application. 
(e) ALTERNATIVE H–2A STATUS.—An alien who has 
not met the required period of agricultural labor or serv-
ices under subsection (a)(1)(A), but is otherwise eligible 
for certified agricultural worker status under such sub-
section, shall be eligible for classification as a non-
immigrant described in section 101(a)(15)(H)(ii)(a) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(15)(H)(ii)(a)) upon approval of a petition sub-
mitted by a sponsoring employer, if the alien has per-
formed at least 575 hours (or 100 workdays) of agricul-
tural labor or services during the 3-year period preceding 
the date of the introduction of this Act. The Secretary 
shall create a procedure to provide for such classification 
without requiring the alien to depart the United States 
and obtain a visa abroad. 
SEC. 41102. TERMS AND CONDITIONS OF CERTIFIED STA-
TUS. 
(a) IN GENERAL.— 
(1) APPROVAL.—Upon approval of an applica-
tion for certified agricultural worker status, or an 
extension of such status pursuant to section 103, the 
Secretary shall issue— 
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410 
(A) documentary evidence of such status to 
the applicant; and 
(B) documentary evidence of certified agri-
cultural dependent status to any qualified de-
pendent included on such application. 
(2) DOCUMENTARY EVIDENCE.—In addition to 
any other features and information as the Secretary 
may prescribe, the documentary evidence described 
in paragraph (1)— 
(A) shall be machine-readable and tamper- 
resistant; 
(B) shall contain a digitized photograph; 
(C) shall serve as a valid travel and entry 
document for purposes of applying for admis-
sion to the United States; and 
(D) shall be accepted during the period of 
its validity by an employer as evidence of em-
ployment authorization and identity under sec-
tion 274A(b)(1)(B) of the Immigration and Na-
tionality Act (8 U.S.C. 1324a(b)(1)(B)). 
(3) VALIDITY
PERIOD.—Certified agricultural 
worker and certified agricultural dependent status 
shall be valid for 51⁄2 years beginning on the date of 
approval. 
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411 
(4) TRAVEL
AUTHORIZATION.—An alien with 
certified agricultural worker or certified agricultural 
dependent status may— 
(A) travel within and outside of the United 
States, including commuting to the United 
States from a residence in a foreign country; 
and 
(B) be admitted to the United States upon 
return from travel abroad without first obtain-
ing a visa if the alien is in possession of— 
(i) valid, unexpired documentary evi-
dence of certified agricultural worker or 
certified agricultural worker dependent sta-
tus as described in subsection (a); or 
(ii) a travel document that has been 
approved by the Secretary and was issued 
to the alien after the alien’s original docu-
mentary evidence was lost, stolen, or de-
stroyed. 
(b) ABILITY TO CHANGE STATUS.— 
(1) CHANGE
TO
CERTIFIED
AGRICULTURAL 
WORKER STATUS.—Notwithstanding section 101(a), 
an alien with valid certified agricultural dependent 
status may apply to change to certified agricultural 
worker status, at any time, if the alien— 
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412 
(A) submits a completed application, in-
cluding the required processing fees; and 
(B) is not ineligible for certified agricul-
tural worker status under section 101(b). 
(2) CLARIFICATION.—Nothing in this title pro-
hibits an alien granted certified agricultural worker 
or certified agricultural dependent status from 
changing status to any other nonimmigrant classi-
fication for which the alien may be eligible. 
(c) PROHIBITION ON PUBLIC BENEFITS, TAX BENE-
FITS, AND HEALTH CARE SUBSIDIES.—Aliens granted 
certified agricultural worker or certified agricultural de-
pendent status shall be considered lawfully present in the 
United States for all purposes for the duration of their 
status, except that such aliens— 
(1) shall be ineligible for Federal means-tested 
public benefits to the same extent as other individ-
uals who are not qualified aliens under section 431 
of the Personal Responsibility and Work Oppor-
tunity Reconciliation Act of 1996 (8 U.S.C. 1641); 
(2) are not entitled to the premium assistance 
tax credit authorized under section 36B of the Inter-
nal Revenue Code of 1986 (26 U.S.C. 36B), and 
shall be subject to the rules applicable to individuals 
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413 
who are not lawfully present set forth in subsection 
(e) of such section; 
(3) shall be subject to the rules applicable to in-
dividuals who are not lawfully present set forth in 
section 1402(e) of the Patient Protection and Af-
fordable Care Act (42 U.S.C. 18071(e)); and 
(4) shall be subject to the rules applicable to in-
dividuals not lawfully present set forth in section 
5000A(d)(3) of the Internal Revenue Code of 1986 
(26 U.S.C. 5000A(d)(3)). 
(d) REVOCATION OF STATUS.— 
(1) IN GENERAL.—The Secretary may revoke 
certified agricultural worker or certified agricultural 
dependent status if, after providing notice to the 
alien and the opportunity to provide evidence to con-
test the proposed revocation, the Secretary deter-
mines that the alien no longer meets the eligibility 
requirements for such status under section 101(b). 
(2) INVALIDATION OF DOCUMENTATION.—Upon 
the Secretary’s final determination to revoke an 
alien’s certified agricultural worker or certified agri-
cultural dependent status, any documentation issued 
by the Secretary to such alien under subsection (a) 
shall automatically be rendered invalid for any pur-
pose except for departure from the United States. 
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414 
SEC. 41103. EXTENSIONS OF CERTIFIED STATUS. 
(a) REQUIREMENTS FOR EXTENSIONS OF STATUS.— 
(1) PRINCIPAL
ALIENS.—The Secretary may 
extend certified agricultural worker status for addi-
tional periods of 51⁄2 years to an alien who submits 
a completed application, including the required proc-
essing fees, within the 120-day period beginning 60 
days before the expiration of the fifth year of the 
immediately preceding grant of certified agricultural 
worker status, if the alien— 
(A) except as provided in section 126(c), 
has performed agricultural labor or services in 
the United States for at least 575 hours (or 
100 workdays) for each of the prior 5 years in 
which the alien held certified agricultural work-
er status; and 
(B) has not become ineligible for certified 
agricultural worker status under section 101(b). 
(2) DEPENDENT SPOUSE AND CHILDREN.—The 
Secretary may grant or extend certified agricultural 
dependent status to the spouse or child of an alien 
granted an extension of certified agricultural worker 
status under paragraph (1) if the spouse or child is 
not ineligible for certified agricultural dependent sta-
tus under section 101(b). 
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415 
(3) WAIVER
FOR
LATE
FILINGS.—The Sec-
retary may waive an alien’s failure to timely file be-
fore the expiration of the 120-day period described 
in paragraph (1) if the alien demonstrates that the 
delay was due to extraordinary circumstances be-
yond the alien’s control or for other good cause. 
(b) STATUS FOR WORKERS WITH PENDING APPLICA-
TIONS.— 
(1) IN GENERAL.—Certified agricultural worker 
status of an alien who timely files an application to 
extend such status under subsection (a) (and the 
status of the alien’s dependents) shall be automati-
cally extended through the date on which the Sec-
retary makes a final administrative decision regard-
ing such application. 
(2) DOCUMENTATION
OF
EMPLOYMENT
AU-
THORIZATION.—As soon as practicable after receipt 
of an application to extend certified agricultural 
worker status under subsection (a), the Secretary 
shall issue a document to the alien acknowledging 
the receipt of such application. An employer of the 
worker may not refuse to accept such document as 
evidence of employment authorization under section 
274A(b)(1)(C) of the Immigration and Nationality 
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416 
Act (8 U.S.C. 1324a(b)(1)(C)), pending a final ad-
ministrative decision on the application. 
(c) NOTICE.—Prior to denying an application to ex-
tend certified agricultural worker status, the Secretary 
shall provide the alien with— 
(1) written notice that describes the basis for 
ineligibility or the deficiencies of the evidence sub-
mitted; and 
(2) at least 90 days to contest ineligibility or 
submit additional evidence. 
SEC. 41104. DETERMINATION OF CONTINUOUS PRESENCE. 
(a) EFFECT OF NOTICE TO APPEAR.—The contin-
uous presence in the United States of an applicant for cer-
tified agricultural worker status under section 101 shall 
not terminate when the alien is served a notice to appear 
under section 239(a) of the Immigration and Nationality 
Act (8 U.S.C. 1229(a)). 
(b) TREATMENT
OF CERTAIN BREAKS
IN PRES-
ENCE.— 
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), an alien shall be considered to 
have failed to maintain continuous presence in the 
United States under this subtitle if the alien de-
parted the United States for any period exceeding 
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417 
90 days, or for any periods, in the aggregate, ex-
ceeding 180 days. 
(2) EXTENSIONS
FOR
EXTENUATING
CIR-
CUMSTANCES.—The Secretary may extend the time 
periods described in paragraph (1) for an alien who 
demonstrates that the failure to timely return to the 
United States was due to extenuating circumstances 
beyond the alien’s control, including the serious ill-
ness of the alien, or death or serious illness of a 
spouse, parent, son or daughter, grandparent, or sib-
ling of the alien. 
(3) 
TRAVEL
AUTHORIZED
BY
THE
SEC-
RETARY.—Any period of travel outside of the United 
States by an alien that was authorized by the Sec-
retary shall not be counted toward any period of de-
parture from the United States under paragraph 
(1). 
SEC. 41105. EMPLOYER OBLIGATIONS. 
(a) RECORD OF EMPLOYMENT.—An employer of an 
alien in certified agricultural worker status shall provide 
such alien with a written record of employment each year 
during which the alien provides agricultural labor or serv-
ices to such employer as a certified agricultural worker. 
(b) CIVIL PENALTIES.— 
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418 
(1) IN GENERAL.—If the Secretary determines, 
after notice and an opportunity for a hearing, that 
an employer of an alien with certified agricultural 
worker status has knowingly failed to provide the 
record of employment required under subsection (a), 
or has provided a false statement of material fact in 
such a record, the employer shall be subject to a civil 
penalty in an amount not to exceed $500 per viola-
tion. 
(2) LIMITATION.—The penalty under paragraph 
(1) for failure to provide employment records shall 
not apply unless the alien has provided the employer 
with evidence of employment authorization described 
in section 102 or 103. 
(3) DEPOSIT OF CIVIL PENALTIES.—Civil pen-
alties collected under this paragraph shall be depos-
ited into the Immigration Examinations Fee Ac-
count under section 286(m) of the Immigration and 
Nationality Act (8 U.S.C. 1356(m)). 
SEC. 41106. ADMINISTRATIVE AND JUDICIAL REVIEW. 
(a) ADMINISTRATIVE REVIEW.—The Secretary shall 
establish a process by which an applicant may seek admin-
istrative review of a denial of an application for certified 
agricultural worker status under this subtitle, an applica-
tion to extend such status, or a revocation of such status. 
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419 
(b) ADMISSIBILITY IN IMMIGRATION COURT.—Each 
record of an alien’s application for certified agricultural 
worker status under this subtitle, application to extend 
such status, revocation of such status, and each record 
created pursuant to the administrative review process 
under subsection (a) is admissible in immigration court, 
and shall be included in the administrative record. 
(c) JUDICIAL REVIEW.—Notwithstanding any other 
provision of law, judicial review of the Secretary’s decision 
to deny an application for certified agricultural worker 
status, an application to extend such status, or the deci-
sion to revoke such status, shall be limited to the review 
of an order of removal under section 242 of the Immigra-
tion and Nationality Act (8 U.S.C. 1252). 
Subtitle B—Optional Earned 
Residence for Long-Term Workers 
SEC. 41201. OPTIONAL ADJUSTMENT OF STATUS FOR LONG- 
TERM AGRICULTURAL WORKERS. 
(a) REQUIREMENTS
FOR ADJUSTMENT
OF STA-
TUS.— 
(1) PRINCIPAL
ALIENS.—The Secretary may 
adjust the status of an alien from that of a certified 
agricultural worker to that of a lawful permanent 
resident if the alien submits a completed application, 
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420 
including the required processing and penalty fees, 
and the Secretary determines that— 
(A) except as provided in section 126(c), 
the alien performed agricultural labor or serv-
ices for not less than 575 hours (or 100 work-
days) each year— 
(i) for at least 10 years prior to the 
date of the enactment of this Act and for 
at least 4 years in certified agricultural 
worker status; or 
(ii) for fewer than 10 years prior to 
the date of the enactment of this Act and 
for at least 8 years in certified agricultural 
worker status; and 
(B) the alien has not become ineligible for 
certified agricultural worker status under sec-
tion 101(b). 
(2) DEPENDENT ALIENS.— 
(A) IN GENERAL.—The spouse and each 
child of an alien described in paragraph (1) 
whose status has been adjusted to that of a 
lawful permanent resident may be granted law-
ful permanent residence under this subtitle if— 
(i) the qualifying relationship to the 
principal alien existed on the date on which 
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421 
such alien was granted adjustment of sta-
tus under this subtitle; and 
(ii) the spouse or child is not ineligible 
for certified agricultural worker dependent 
status under section 101(b). 
(B) PROTECTIONS
FOR
SPOUSES
AND 
CHILDREN.—The Secretary of Homeland Secu-
rity shall establish procedures to allow the 
spouse or child of a certified agricultural work-
er to self-petition for lawful permanent resi-
dence under this subtitle in cases involving— 
(i) the death of the certified agricul-
tural worker, so long as the spouse or child 
submits a petition not later than 2 years 
after the date of the worker’s death; or 
(ii) the spouse or a child being bat-
tered or subjected to extreme cruelty by 
the certified agricultural worker. 
(3) DOCUMENTATION OF WORK HISTORY.—An 
applicant for adjustment of status under this section 
shall not be required to resubmit evidence of work 
history that has been previously submitted to the 
Secretary in connection with an approved extension 
of certified agricultural worker status. 
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475 
DIVISION E—AMERICAN PROS-
PERITY AND COMPETITIVE-
NESS 
SEC. 51001. SHORT TITLE. 
This division may be cited as the ‘‘American Pros-
perity and Competitiveness Act’’. 
TITLE I—PROTECTING THE 
FAMILY SYSTEM 
Subtitle A—American Families 
United Act 
SEC. 51101. RULE OF CONSTRUCTION. 
Nothing in this division shall be construed— 
(1) to provide the Secretary of Homeland Secu-
rity or the Attorney General with the ability to exer-
cise the discretionary authority provided in this divi-
sion, or by an amendment made by this division, ex-
cept on a case-by-case basis; or 
(2) to otherwise modify or limit the discre-
tionary authority of the Secretary of Homeland Se-
curity or the Attorney General under the immigra-
tion laws (as defined in section 101(a)(17) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(17))). 
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476 
SEC. 51102. DISCRETIONARY AUTHORITY WITH RESPECT TO 
FAMILY MEMBERS OF UNITED STATES CITI-
ZENS. 
(a) APPLICATIONS FOR RELIEF FROM REMOVAL.— 
Section 240(c)(4) of the Immigration and Nationality Act 
(8 U.S.C. 1229a(c)(4)) is amended by adding at the end 
the following: 
‘‘(D) JUDICIAL DISCRETION.— 
‘‘(i) IN GENERAL.—In the case of an 
alien who is the spouse or child of a citizen 
of the United States, the Attorney General 
may subject to clause (ii)— 
‘‘(I) terminate any removal pro-
ceedings against the alien; 
‘‘(II) decline to order the alien 
removed from the United States; 
‘‘(III) grant the alien permission 
to reapply for admission to the United 
States; or 
‘‘(IV) subject to clause (iii), 
waive the application of one or more 
grounds of inadmissibility or deport-
ability in connection with any request 
for relief from removal. 
‘‘(ii) LIMITATION ON DISCRETION.— 
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