I 
112TH CONGRESS 
1ST SESSION H. R. 3017 
To provide for a more structured and stable domestic agricultural labor 
market in the United States, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 22, 2011 
Mr. BERMAN (for himself, Ms. ZOE LOFGREN of California, Mr. CONYERS, 
Mr. GUTIERREZ, Ms. CHU, Ms. LINDA T. SA´NCHEZ of California, and 
Mr. BACA) introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committees on Ways and 
Means, Education and the Workforce, and Agriculture, for a period to 
be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To provide for a more structured and stable domestic agricul-
tural labor market in the United States, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE, TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Agricultural Labor Market Reform Act of 2011’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
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Sec. 1. Short title, table of contents. 
Sec. 2. Definitions. 
TITLE I—EARNED ADJUSTMENT OF STATUS FOR CERTAIN 
AGRICULTURAL WORKERS AND THEIR FAMILIES 
Subtitle A—Blue Card Status 
Sec. 101. Requirements for blue card status. 
Sec. 102. Treatment of aliens granted blue card status. 
Sec. 103. Adjustment to permanent residence. 
Sec. 104. Applications. 
Sec. 105. Waiver of numerical limitations and certain grounds for inadmis-
sibility. 
Sec. 106. Administrative and judicial review. 
Sec. 107. Use of information. 
Sec. 108. Regulations, effective date, authorization of appropriations. 
Subtitle B—Correction of Social Security Records 
Sec. 111. Correction of Social Security records. 
TITLE II—MANDATORY USE OF E-VERIFY BY FARM LABOR 
CONTRACTORS 
Sec. 201. Amendments to the Illegal Immigration Reform and Immigrant Re-
sponsibility Act. 
Sec. 202. Amendments to the Migrant and Seasonal Agricultural Worker Pro-
tection Act. 
TITLE III—LABOR MARKET REFORMS 
Sec. 301. Trust fund for agricultural labor market reform. 
Sec. 302. Expenditures from trust fund. 
TITLE IV—EQUAL TREATMENT OF U.S. AND GUEST WORKERS 
UNDER THE H–2A PROGRAM 
Sec. 401. Amendments to the Migrant and Seasonal Agricultural Protection 
Act. 
Sec. 402. Amendments to the Internal Revenue Code. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) AGRICULTURAL
EMPLOYMENT.—The term 
‘‘agricultural employment’’ has the meaning given 
such term in section 3 of the Migrant and Seasonal 
Agricultural Worker Protection Act (29 U.S.C. 
1802), without regard to whether the specific service 
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or activity is temporary or seasonal, including the 
performance of agricultural labor or service de-
scribed in section 101(a)(15)(H)(ii)(a) of the Immi-
gration and Nationality Act. 
(2) BLUE CARD STATUS.—The term ‘‘blue card 
status’’ means the status of an alien who has been 
lawfully admitted into the United States for tem-
porary residence under section 101(a). 
(3) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Homeland Security. 
(4) EMPLOYER.—The term ‘‘employer’’ means 
any person or entity, including any farm labor con-
tractor and any agricultural association, that em-
ploys workers in agricultural employment. 
(5) SECRETARY.—Except as otherwise provided, 
the term ‘‘Secretary’’ means the Secretary of Home-
land Security. 
TITLE I—EARNED ADJUSTMENT 
OF STATUS FOR CERTAIN AG-
RICULTURAL WORKERS AND 
THEIR FAMILIES 
Subtitle A—Blue Card Status 
SEC. 101. REQUIREMENTS FOR BLUE CARD STATUS. 
(a) REQUIREMENT TO GRANT BLUE CARD STA-
TUS.—Notwithstanding any other provision of law, the 
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Secretary shall, pursuant to the requirements of this sec-
tion, grant blue card status to an alien who qualifies under 
this section if the Secretary determines that the alien— 
(1) during the 24-month period ending on De-
cember 31, 2010— 
(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 
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a residence in a foreign country) in the same manner as 
an alien lawfully admitted for permanent residence. 
(c) AUTHORIZED
EMPLOYMENT.—The Secretary 
shall provide an alien who is granted blue card status an 
employment authorized endorsement or other appropriate 
work permit, in the same manner as an alien lawfully ad-
mitted for permanent residence. 
(d) TERMINATION OF BLUE CARD STATUS.— 
(1) DEPORTABLE ALIENS.—The Secretary shall 
terminate blue card status granted to an alien if the 
Secretary determines that the alien is deportable. 
(2) OTHER GROUNDS FOR TERMINATION.—The 
Secretary shall terminate blue card status granted to 
an alien if— 
(A) the Secretary finds, by a preponder-
ance of the evidence, that the adjustment to 
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 
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Nationality Act (8 U.S.C. 1182), except as 
provided under section 105(b); 
(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.— 
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(A) IN GENERAL.—If the Secretary finds, 
after notice and opportunity for a hearing, that 
an employer of an alien granted blue card sta-
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; 
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(2) biometric identifiers, including fingerprints 
and a digital photograph; and 
(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 1,000,000 blue cards during the 5-year 
period beginning on the date of the enactment of this Act. 
SEC. 102. 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 
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U.S.C. 1613(a)) until 5 years after the date on which the 
alien is granted an adjustment of status under section 
103. 
SEC. 103. 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 
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performed 4 years of agricultural employment 
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.—In de-
termining 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 
agricultural employment in the United States to 
meet such requirement if the alien was unable to 
work in agricultural employment due to— 
(A) pregnancy, injury, or disease, if the 
alien can establish such pregnancy, disabling in-
jury, or disease through medical records; 
(B) illness, disease, or other special needs 
of a minor child, if the alien can establish such 
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illness, disease, or special needs through med-
ical records; 
(C) severe weather conditions that pre-
vented the alien from engaging in agricultural 
employment for a significant period of time; or 
(D) termination from agricultural employ-
ment, if the Secretary finds that the termi-
nation was without just cause and that the 
alien was unable to find alternative agricultural 
employment after a reasonable job search. 
(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— 
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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-
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. 
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