537 
(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 
(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 1,500,000 blue cards during the 5-year 
period beginning on the date of the enactment of this Act. 
SEC. 644. TREATMENT OF ALIENS GRANTED BLUE CARD 
STATUS. 
(a) IN GENERAL.—Except as otherwise provided 
under this section, an alien granted blue card status shall 
be considered to be an alien lawfully admitted for perma-
nent residence for purposes of any law other than any pro-
vision of the Immigration and Nationality Act (8 U.S.C. 
1101 et seq.). 
(b) DELAYED ELIGIBILITY FOR CERTAIN FEDERAL 
PUBLIC BENEFITS.—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 
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Personal Responsibility and Work Opportunity Reconcili-
ation Act of 1996 (8 U.S.C. 1613(a)) until 5 years after 
the date on which the alien is granted an adjustment of 
status under section 645. 
(c) TERMS OF EMPLOYMENT.— 
(1) PROHIBITION.—No alien granted blue card 
status may be terminated from employment by any 
employer during the period of blue card status ex-
cept for just cause. 
(2) TREATMENT OF COMPLAINTS.— 
(A) ESTABLISHMENT
OF
PROCESS.—The 
Secretary shall establish a process for the re-
ceipt, initial review, and disposition of com-
plaints by aliens granted blue card status who 
allege that they have been terminated without 
just cause. No proceeding shall be conducted 
under this paragraph with respect to a termi-
nation unless the Secretary determines that the 
complaint was filed not later than 6 months 
after the date of the termination. 
(B) INITIATION OF ARBITRATION.—If the 
Secretary finds that an alien has filed a com-
plaint in accordance with subparagraph (A) and 
there is reasonable cause to believe that the 
alien was terminated from employment without 
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just cause, the Secretary shall initiate binding 
arbitration proceedings by requesting the Fed-
eral Mediation and Conciliation Service to ap-
point a mutually agreeable arbitrator from the 
roster of arbitrators maintained by such Service 
for the geographical area in which the employer 
is located. The procedures and rules of such 
Service shall be applicable to the selection of 
such arbitrator and to such arbitration pro-
ceedings. The Secretary shall pay the fee and 
expenses of the arbitrator, subject to the avail-
ability of appropriations for such purpose. 
(C) ARBITRATION PROCEEDINGS.—The ar-
bitrator shall conduct the proceeding under this 
paragraph in accordance with the policies and 
procedures promulgated by the American Arbi-
tration Association applicable to private arbitra-
tion of employment disputes. The arbitrator 
shall make findings respecting whether the ter-
mination was for just cause. The arbitrator 
may not find that the termination was for just 
cause unless the employer so demonstrates by a 
preponderance of the evidence. If the arbitrator 
finds that the termination was not for just 
cause, the arbitrator shall make a specific find-
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ing of the number of days or hours of work lost 
by the employee as a result of the termination. 
The arbitrator shall have no authority to order 
any other remedy, including reinstatement, 
back pay, or front pay to the affected employee. 
Not later than 30 days after the date of the 
conclusion of the arbitration proceeding, the ar-
bitrator shall transmit the findings in the form 
of a written opinion to the parties to the arbi-
tration and the Secretary. Such findings shall 
be final and conclusive, and no official or court 
of the United States shall have the power or ju-
risdiction to review any such findings. 
(D) EFFECT
OF
ARBITRATION
FIND-
INGS.—If the Secretary receives a finding of an 
arbitrator that an employer has terminated the 
employment of an alien who is granted blue 
card status without just cause, the Secretary 
shall credit the alien for the number of days or 
hours of work not performed during such period 
of termination for the purpose of determining if 
the alien meets the qualifying employment re-
quirement of section 645(a). 
(E) TREATMENT OF ATTORNEY’S FEES.— 
Each party to an arbitration under this para-
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graph shall bear the cost of their own attorney’s 
fees for the arbitration. 
(F) NONEXCLUSIVE REMEDY.—The com-
plaint process provided for in this paragraph is 
in addition to any other rights an employee may 
have in accordance with applicable law. 
(G) EFFECT ON OTHER ACTIONS OR PRO-
CEEDINGS.—Any finding of fact or law, judg-
ment, conclusion, or final order made by an ar-
bitrator in the proceeding before the Secretary 
shall not be conclusive or binding in any sepa-
rate or subsequent action or proceeding between 
the employee and the employee’s current or 
prior employer brought before an arbitrator, ad-
ministrative agency, court, or judge of any 
State or the United States, regardless of wheth-
er the prior action was between the same or re-
lated parties or involved the same facts, except 
that the arbitrator’s specific finding of the 
number of days or hours of work lost by the 
employee as a result of the employment termi-
nation may be referred to the Secretary pursu-
ant to subparagraph (D). 
(3) CIVIL PENALTIES.— 
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542 
(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 section 643(e) or has pro-
vided a false statement of material fact in such 
a record, the employer shall be subject to a civil 
money 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. 
SEC. 645. 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 
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543 
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 
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 643(e); or 
(B) such documentation as may be sub-
mitted under section 646(c). 
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544 
(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 to 
meet the requirement of that subparagraph 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 
illness, disease, or special needs through med-
ical records; or 
(C) severe weather conditions that pre-
vented the alien from engaging in agricultural 
employment for a significant period of time. 
(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 may deny an alien granted blue card 
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545 
status an adjustment of status under this section and pro-
vide for termination of such blue card status 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 
647(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. 
(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 
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546 
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; 
(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 
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547 
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 
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 may 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 
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548 
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 643. 
(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. 
(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 may 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 
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549 
States under section 212 of such Act (8 U.S.C. 
1182), except as provided under section 647(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. 646. APPLICATIONS. 
(a) SUBMISSION.—The Secretary shall provide that— 
(1) applications for blue card status under sec-
tion 643 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 645 shall be filed directly with the Secretary. 
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550 
(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-
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 643(a)(1) 
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551 
or 645(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 643(a) or 645(a) 
has the burden of proving by a preponderance 
of the evidence that the alien has worked the 
requisite number of hours or days required 
under section 643(a)(1) or 645(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-
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552 
graph (A) to establish that the alien has per-
formed the days or hours of work required by 
section 643(a)(1) or 645(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. 
(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. 
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553 
(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— 
(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 
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554 
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 
(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 
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555 
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 under section 643 or an 
adjustment of status under section 645 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 
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 
under section 643 or an adjustment of status 
under section 645 and knowingly and willfully 
falsifies, conceals, or covers up a material fact 
or makes any false, fictitious, or fraudulent 
statements or representations, or makes or uses 
any false writing or document knowing the 
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556 
same to contain any false, fictitious, or fraudu-
lent 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 
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 under 
section 643 or an adjustment of status under section 645. 
(i) APPLICATION FEES.— 
(1) FEE SCHEDULE.—The Secretary shall pro-
vide for a schedule of fees that— 
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557 
(A) shall be charged for the filing of an 
application for blue card status under section 
643 or for an adjustment of status under sec-
tion 645; 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.— 
(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-
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558 
retary until expended for processing applica-
tions for blue card status under section 643 or 
an adjustment of status under section 645. 
SEC. 647. 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 645. 
(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-
justment of status under section 645(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-
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ccoleman on PROD1PC60 with BILLS
559 
poses, to ensure family unity, or if otherwise in 
the public interest. 
(B) 
GROUNDS
THAT
MAY
NOT
BE 
WAIVED.—Paragraphs (2)(A), (2)(B), (2)(C), 
(3), and (4) of such section 212(a) may not be 
waived by the Secretary under subparagraph 
(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). 
(3) SPECIAL
RULE
FOR
DETERMINATION
OF 
PUBLIC CHARGE.—An alien is not ineligible for blue 
card status under section 643 or an adjustment of 
status under section 645 by reason of a ground of 
inadmissibility under section 212(a)(4) of the Immi-
gration and Nationality Act (8 U.S.C. 1182(a)(4)) if 
the alien demonstrates a history of employment in 
the United States evidencing self-support without re-
liance 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 
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shall provide that, in the case of an alien who is ap-
prehended before the beginning of the application 
period described in section 643(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 
(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 
643(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— 
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(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. 648. 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 under section 643 or adjustment 
of status under section 645 except in accordance with this 
section. 
(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.— 
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