hours or days (as required under sub-
section (a)(1)(A) or (c)(1)(A)). 
(ii) 
TIMELY
PRODUCTION
OF 
RECORDS.—If an employer or farm labor 
contractor employing such an alien has 
kept proper and adequate records respect-
ing such employment, the alien’s burden of 
proof under clause (i) may be met by se-
curing timely production of those records 
under regulations to be promulgated by the 
Secretary. 
(iii) 
SUFFICIENT
EVIDENCE.—An 
alien can meet the burden of proof under 
clause (i) to establish that the alien has 
performed the work described in subsection 
(a)(1)(A) or (c)(1)(A) by producing suffi-
cient evidence to show the extent of that 
employment as a matter of just and rea-
sonable inference. 
(4) TREATMENT OF APPLICATIONS BY QUALI-
FIED DESIGNATED ENTITIES.—Each qualified des-
ignated entity shall agree to forward to the Sec-
retary applications filed with it in accordance with 
paragraph (1)(A)(i)(II) but shall not forward to the 
Secretary applications filed with it unless the appli-
cant has consented to such forwarding. No such en-
tity may make a determination required by this sec-
tion to be made by the Secretary. Upon the request 
of the alien, a qualified designated entity shall assist 
the alien in obtaining documentation of the work 
history of the alien. 
(5) LIMITATION
ON
ACCESS
TO
INFORMA-
TION.—Files and records prepared for purposes of 
this subsection by qualified designated entities oper-
ating under this subsection are confidential and the 
Secretary shall not have access to such files or 
records relating to an alien without the consent of 
the alien, except as allowed by a court order issued 
pursuant to paragraph (6). 
(6) CONFIDENTIALITY OF INFORMATION.— 
(A) IN
GENERAL.—Except as otherwise 
provided in this subsection, neither the Sec-
retary, nor any other official or employee of the 
Department of Homeland Security, or bureau 
or agency thereof, may— 
(i) use the information furnished by 
the applicant pursuant to an application 
filed under this section, the information 
provided to the applicant by a person des-
ignated under paragraph (2)(A), or any in-
formation provided by an employer or 
former employer, for any purpose other 
than to make a determination on the appli-
cation, or for enforcement of paragraph 
(7); 
(ii) make any publication whereby the 
information furnished by any particular in-
dividual can be identified; or 
(iii) permit anyone other than the 
sworn officers and employees of the De-
partment of Homeland Security, or bureau 
or agency thereof, or, with respect to appli-
cations filed with a qualified designated en-
tity, that qualified designated entity, to ex-
amine individual applications. 
(B) REQUIRED
DISCLOSURES.—The Sec-
retary shall provide the information furnished 
under this section, or any other information de-
rived from such furnished information, to— 
(i) a duly recognized law enforcement 
entity in connection with a criminal inves-
tigation or prosecution, if such information 
is requested in writing by such entity; or 
(ii) an official coroner, for purposes of 
affirmatively identifying a deceased indi-
vidual, whether or not the death of such 
individual resulted from a crime. 
(C) CONSTRUCTION.— 
(i) IN
GENERAL.—Nothing in this 
paragraph shall be construed to limit the 
use, or release, for immigration enforce-
ment purposes or law enforcement pur-
poses of information contained in files or 
records of the Department of Homeland 
Security pertaining to an application filed 
under this section, other than information 
furnished by an applicant pursuant to the 
application, or any other information de-
rived from the application, that is not 
available from any other source. 
(ii) CRIMINAL
CONVICTIONS.—Infor-
mation concerning whether the applicant 
has at any time been convicted of a crime 
may be used or released for immigration 
enforcement or law enforcement purposes. 
(D) CRIME.—Any person who knowingly 
uses, publishes, or permits information to be ex-
amined in violation of this paragraph shall be 
subject to a fine in an amount not to exceed 
$10,000.
(7) PENALTIES FOR FALSE STATEMENTS IN AP-
PLICATIONS.— 
(A) CRIMINAL
PENALTY.—Any person 
who— 
(i) files an application for status 
under subsection (a) or (c) and knowingly 
and willfully falsifies, conceals, or covers 
up a material fact or makes any false, fic-
titious, or fraudulent statements or rep-
resentations, or makes or uses any false 
writing or document knowing the same to 
contain any false, fictitious, or fraudulent 
statement or entry; or 
(ii) creates or supplies a false writing 
or document for use in making such an ap-
plication, 
shall be fined in accordance with title 18, 
United States Code, imprisoned not more than 
5 years, or both. 
(B) INADMISSIBILITY.—An alien who is 
convicted of a crime under subparagraph (A) 
shall be considered to be inadmissible to the 
United States on the ground described in sec-
tion 212(a)(6)(C)(i) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)).
(8) ELIGIBILITY FOR LEGAL SERVICES.—Sec-
tion 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 Cor-
poration Act (42 U.S.C. 2996 et seq.) from pro-
viding legal assistance directly related to an applica-
tion for adjustment of status under this section. 
(9) APPLICATION FEES.— 
(A) FEE SCHEDULE.—The Secretary shall 
provide for a schedule of fees that— 
(i) shall be charged for the filing of 
applications for status under subsections 
(a) and (c); and 
(ii) may be charged by qualified des-
ignated entities to help defray the costs of 
services provided to such applicants. 
(B) PROHIBITION
ON
EXCESS
FEES
BY 
QUALIFIED
DESIGNATED
ENTITIES.—A quali-
fied designated entity may not charge any fee 
in excess of, or in addition to, the fees author-
ized under subparagraph (A)(ii) for services 
provided to applicants. 
(C) DISPOSITION OF FEES.— 
(i) IN GENERAL.—There is established 
in the general fund of the Treasury a sepa-