(A) commits an act that makes the alien 
inadmissible to the United States under section 
212 of the Immigration and Nationality Act (8 
U.S.C. 1182), except as provided under section 
105(b); 
(B) is convicted of a felony or 3 or more 
misdemeanors committed in the United States; 
(C) is convicted of an offense, an element 
of which involves bodily injury, threat of serious 
bodily injury, or harm to property in excess of 
$500; or 
(D) failed to perform the agricultural em-
ployment required under paragraph (1)(A) of 
subsection (a) unless the alien was unable to 
work in agricultural employment due to the ex-
traordinary circumstances described in para-
graph (3) of such subsection. 
(c) GROUNDS
FOR REMOVAL.—Any alien granted 
blue card status who does not apply for adjustment of sta-
tus under this section before the expiration of the applica-
tion period described in subsection (a)(4) or who fails to 
meet the other requirements of subsection (a) by the end 
of the application period, is deportable and may be re-
moved under section 240 of the Immigration and Nation-
ality Act (8 U.S.C. 1229a). 
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(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 
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. 
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(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 shall grant derivative 
status to the alien spouse and any minor child 
residing in the United States of an alien grant-
ed blue card status and shall not remove such 
derivative spouse or child during the period that 
the alien granted blue card status maintains 
such status, except as provided in paragraph 
(3). A grant of derivative status to such a 
spouse or child under this subparagraph shall 
not decrease the number of aliens who may re-
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ceive blue card status under subsection (h) of 
section 101. 
(B) TRAVEL.—The derivative spouse and 
any minor child of an alien granted blue card 
status may travel outside the United States in 
the same manner as an alien lawfully admitted 
for permanent residence. 
(C) EMPLOYMENT.—The derivative spouse 
of an alien granted blue card status may apply 
to the Secretary for a work permit to authorize 
such spouse to engage in any lawful employ-
ment in the United States while such alien 
maintains blue card status. 
(3) GROUNDS FOR DENIAL OF ADJUSTMENT OF 
STATUS AND REMOVAL.—The Secretary shall deny 
an alien spouse or child adjustment of status under 
paragraph (1) and may remove such spouse or child 
under section 240 of the Immigration and Nation-
ality Act (8 U.S.C. 1229a) if the spouse or child— 
(A) commits an act that makes the alien 
spouse or child inadmissible to the United 
States under section 212 of such Act (8 U.S.C. 
1182), except as provided under section 105(b); 
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(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. 104. APPLICATIONS. 
(a) SUBMISSION.—The Secretary shall provide that— 
(1) applications for blue card status may be 
submitted— 
(A) to the Secretary if the applicant is rep-
resented by an attorney or a nonprofit religious, 
charitable, social service, or similar organization 
recognized by the Board of Immigration Ap-
peals under section 292.2 of title 8, Code of 
Federal Regulations; or 
(B) to a qualified designated entity if the 
applicant consents to the forwarding of the ap-
plication to the Secretary; and 
(2) applications for adjustment of status under 
section 103 shall be filed directly with the Secretary. 
(b) QUALIFIED DESIGNATED ENTITY DEFINED.—In 
this section, the term ‘‘qualified designated entity’’ means 
a qualified farm labor organization and any affiliated or-
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ganization or an association of employers designated by 
the Secretary. 
(c) PROOF OF ELIGIBILITY.— 
(1) IN GENERAL.—An alien may establish that 
the alien meets the requirement of section 101(a)(1) 
or 103(a)(1) through government employment 
records or records supplied by employers or collec-
tive bargaining organizations, and other reliable doc-
umentation as the alien may provide. The Secretary 
shall establish special procedures to properly credit 
work in cases in which an alien was employed under 
an assumed name. 
(2) DOCUMENTATION OF WORK HISTORY.— 
(A) BURDEN OF PROOF.—An alien apply-
ing for status under section 101(a) or 103(a) 
has the burden of proving by a preponderance 
of the evidence that the alien has worked the 
requisite number of hours or days required 
under section 101(a)(1) or 103(a)(1), as appli-
cable. 
(B) TIMELY PRODUCTION OF RECORDS.— 
If an employer or farm labor contractor employ-
ing such an alien has kept proper and adequate 
records respecting such employment, the alien’s 
burden of proof under subparagraph (A) may 
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(2) NO
AUTHORITY
TO
MAKE
DETERMINA-
TIONS.—No qualified designated entity may make a 
determination required by this subtitle to be made 
by the Secretary. 
(e) LIMITATION ON ACCESS TO INFORMATION.—Files 
and records collected or compiled by a qualified designated 
entity for the purposes of this section are confidential and 
the Secretary shall not have access to such a file or record 
relating to an alien without the consent of the alien, except 
as allowed by a court order issued pursuant to subsection 
(f). 
(f) CONFIDENTIALITY OF INFORMATION.— 
(1) IN
GENERAL.—Except as otherwise pro-
vided in this section, the Secretary or any other offi-
cial or employee of the Department or a bureau or 
agency of the Department is prohibited from— 
(A) using information furnished by the ap-
plicant pursuant to an application filed under 
this title, the information provided by an appli-
cant to a qualified designated entity, or any in-
formation 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); 
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PWALKER on DSK5TPTVN1PROD with BILLS
(B) making any publication in which the 
information furnished by any particular indi-
vidual can be identified; or 
(C) permitting a person other than a 
sworn officer or employee of the Department or 
a bureau or agency of the Department or, with 
respect to applications filed with a qualified 
designated entity, that qualified designated en-
tity, to examine individual applications. 
(2) REQUIRED
DISCLOSURES.—The Secretary 
shall provide the information furnished under this 
title or any other information derived from such fur-
nished 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 
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PWALKER on DSK5TPTVN1PROD with BILLS
or law enforcement purposes, of information 
contained in files or records of the Department 
pertaining to an application filed under this sec-
tion, other than information furnished by an 
applicant pursuant to the application, or any 
other information derived from the application, 
that is not available from any other source. 
(B) CRIMINAL
CONVICTIONS.—Notwith-
standing any other provision of this subsection, 
information concerning whether the alien apply-
ing for blue card status or an adjustment of 
status under section 103 has been convicted of 
a crime at any time may be used or released for 
immigration enforcement or law enforcement 
purposes. 
(4) CRIME.—Any person who knowingly uses, 
publishes, or permits information to be examined in 
violation of this subsection shall be subject to a fine 
in an amount not to exceed $10,000. 
(g) PENALTIES FOR FALSE STATEMENTS IN APPLI-
CATIONS.— 
(1) CRIMINAL PENALTY.—Any person who— 
(A) files an application for blue card status 
or an adjustment of status under section 103 
and knowingly and willfully falsifies, conceals, 
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PWALKER on DSK5TPTVN1PROD with BILLS
or covers up a material fact or makes any false, 
fictitious, or fraudulent statements or represen-
tations, or makes or uses any false writing or 
document knowing the same to contain any 
false, fictitious, or fraudulent statement or 
entry; or 
(B) creates or supplies a false writing or 
document for use in making such an applica-
tion, 
shall be fined in accordance with title 18, United 
States Code, imprisoned not more than 5 years, or 
both. 
(2) INADMISSIBILITY.—An alien who is con-
victed of a crime under paragraph (1) shall be con-
sidered to be inadmissible to the United States on 
the ground described in section 212(a)(6)(C)(i) of 
the Immigration and Nationality Act (8 U.S.C. 
1182(a)(6)(C)(i)). 
(h) ELIGIBILITY
FOR LEGAL SERVICES.—Section 
504(a)(11) of Public Law 104–134 (110 Stat. 1321–53 
et seq.) shall not be construed to prevent a recipient of 
funds under the Legal Services Corporation Act (42 
U.S.C. 2996 et seq.) from providing legal assistance di-
rectly related to an application for blue card status or an 
adjustment of status under section 103. 
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(i) APPLICATION FEES.— 
(1) FEE SCHEDULE.—The Secretary shall pro-
vide for a schedule of fees that— 
(A) shall be charged for the filing of an 
application for blue card status or for an ad-
justment of status under section 103; and 
(B) may be charged by qualified des-
ignated entities to help defray the costs of serv-
ices provided to such applicants. 
(2) PROHIBITION ON EXCESS FEES BY QUALI-
FIED
DESIGNATED
ENTITIES.—A qualified des-
ignated entity may not charge any fee in excess of, 
or in addition to, the fees authorized under para-
graph (1)(B) for services provided to applicants. 
(3) DISPOSITION OF FEES.— 
(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-
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tural Worker Immigration Status Adjustment 
Account’’ shall remain available to the Sec-
retary until expended for processing applica-
tions for blue card status or an adjustment of 
status under section 103. 
SEC. 105. WAIVER OF NUMERICAL LIMITATIONS AND CER-
TAIN GROUNDS FOR INADMISSIBILITY. 
(a) NUMERICAL LIMITATIONS DO NOT APPLY.—The 
numerical limitations of sections 201 and 202 of the Im-
migration and Nationality Act (8 U.S.C. 1151 and 1152) 
shall not apply to the adjustment of aliens to lawful per-
manent resident status under section 103. 
(b) WAIVER OF CERTAIN GROUNDS OF INADMIS-
SIBILITY.—In the determination of an alien’s eligibility for 
status under section 101(a) or an alien’s eligibility for ad-
justment of status under section 103(b)(2)(A) the fol-
lowing rules shall apply: 
(1) GROUNDS
OF
EXCLUSION
NOT
APPLICA-
BLE.—The provisions of paragraphs (5), (6)(A), (7), 
and (9) of section 212(a) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)) shall not apply. 
(2) WAIVER OF OTHER GROUNDS.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the Secretary may waive any 
other provision of such section 212(a) in the 
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case of individual aliens for humanitarian pur-
poses, to ensure family unity, or if otherwise in 
the public interest. 
(B) 
GROUNDS
THAT
MAY
NOT
BE 
WAIVED.—Subparagraphs (A), (B), (C), (D), 
(G), (H), and (I) of paragraph (2) and para-
graphs (3) and (4) of such section 212(a) may 
not be waived by the Secretary under subpara-
graph (A). 
(C) 
CONSTRUCTION.—Nothing 
in 
this 
paragraph shall be construed as affecting the 
authority of the Secretary other than under this 
subparagraph to waive provisions of such sec-
tion 212(a). 
(3) SPECIAL
RULE
FOR
DETERMINATION
OF 
PUBLIC CHARGE.—An alien is not ineligible for blue 
card status or an adjustment of status under section 
103 by reason of a ground of inadmissibility under 
section 212(a)(4) of the Immigration and Nation-
ality Act (8 U.S.C. 1182(a)(4)) if the alien dem-
onstrates a history of employment in the United 
States evidencing self-support without reliance on 
public cash assistance. 
(c) TEMPORARY STAY OF REMOVAL AND WORK AU-
THORIZATION FOR CERTAIN APPLICANTS.— 
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(1) BEFORE
APPLICATION
PERIOD.—Effective 
on the date of enactment of this Act, the Secretary 
shall provide that, in the case of an alien who is ap-
prehended before the beginning of the application 
period described in section 101(a)(2) and who can 
establish a nonfrivolous case of eligibility for blue 
card status (but for the fact that the alien may not 
apply for such status until the beginning of such pe-
riod), until the alien has had the opportunity during 
the first 30 days of the application period to com-
plete the filing of an application for blue card status, 
the alien— 
(A) may not be removed; and 
(B) shall be granted authorization to en-
gage in employment in the United States and 
be provided an employment authorized endorse-
ment or other appropriate work permit for such 
purpose. 
(2) DURING APPLICATION PERIOD.—The Sec-
retary shall provide that, in the case of an alien who 
presents a nonfrivolous application for blue card sta-
tus during the application period described in section 
101(a)(2), including an alien who files such an ap-
plication within 30 days of the alien’s apprehension, 
and until a final determination on the application 
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has been made in accordance with this section, the 
alien— 
(A) may not be removed; and 
(B) shall be granted authorization to en-
gage in employment in the United States and 
be provided an employment authorized endorse-
ment or other appropriate work permit for such 
purpose. 
SEC. 106. ADMINISTRATIVE AND JUDICIAL REVIEW. 
(a) IN GENERAL.—There shall be no administrative 
or judicial review of a determination respecting an applica-
tion for blue card status or adjustment of status under 
section 103 except in accordance with this section. 
(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. 
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(c) JUDICIAL REVIEW.— 
(1) LIMITATION
TO
REVIEW
OF
REMOVAL.— 
There shall be judicial review of such a determina-
tion only in the judicial review of an order of re-
moval under section 242 of the Immigration and 
Nationality Act (8 U.S.C. 1252). 
(2) STANDARD FOR JUDICIAL REVIEW.—Such 
judicial review shall be based solely upon the admin-
istrative record established at the time of the review 
by the appellate authority and the findings of fact 
and determinations contained in such record shall be 
conclusive unless the applicant can establish abuse 
of discretion or that the findings are directly con-
trary to clear and convincing facts contained in the 
record considered as a whole. 
SEC. 107. USE OF INFORMATION. 
Beginning not later than the first day of the applica-
tion period described in section 101(a)(2), the Secretary, 
in cooperation with qualified designated entities (as that 
term is defined in section 104(b)), shall broadly dissemi-
nate information respecting the benefits that aliens may 
receive under this subtitle and the requirements that an 
alien is required to meet to receive such benefits. 
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SEC. 108. REGULATIONS, EFFECTIVE DATE, AUTHORIZA-
TION OF APPROPRIATIONS. 
(a) REGULATIONS.—The Secretary shall issue regula-
tions to implement this subtitle not later than the first 
day of the seventh month that begins after the date of 
enactment of this Act. 
(b) EFFECTIVE DATE.—This subtitle shall take effect 
on the date that regulations required by subsection (a) are 
issued, regardless of whether such regulations are issued 
on an interim basis or on any other basis. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary such 
sums as may be necessary to implement this subtitle, in-
cluding any sums needed for costs associated with the ini-
tiation of such implementation, for fiscal years 2011 and 
2012. 
Subtitle B—Correction of Social 
Security Records 
SEC. 111. CORRECTION OF SOCIAL SECURITY RECORDS. 
(a) IN GENERAL.—Section 208(e)(1) of the Social 
Security Act (42 U.S.C. 408(e)(1)) is amended— 
(1) in subparagraph (B)(ii), by striking ‘‘or’’ at 
the end; 
(2) in subparagraph (C), by inserting ‘‘or’’ at 
the end; 
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(3) by inserting after subparagraph (C) the fol-
lowing: 
‘‘(D) who is granted blue card status under the 
Agricultural Labor Market Reform Act of 2011’’; 
and 
(4) by striking ‘‘1990.’’ and inserting ‘‘1990, or 
in the case of an alien described in subparagraph 
(D), if such conduct is alleged to have occurred be-
fore the date on which the alien was granted blue 
card status.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the first day of the sev-
enth month that begins after the date of the enactment 
of this Act. 
TITLE II—MANDATORY USE OF 
E-VERIFY BY FARM LABOR 
CONTRACTORS 
SEC. 201. AMENDMENTS TO THE ILLEGAL IMMIGRATION 
REFORM AND IMMIGRANT RESPONSIBILITY 
ACT. 
(a) IN GENERAL.—Section 401(e) of the Illegal Im-
migration Reform and Immigrant Responsibility Act of 
1996 (division C of Public Law 104–208; 8 U.S.C. 1324a 
note) is amended— 
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(1) by redesignating paragraphs (2) and (3) as 
paragraphs (4) and (5), respectively; and 
(2) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) FARM LABOR CONTRACTORS.—Beginning 
on the date that is 6 months after the date of enact-
ment of the Agricultural Labor Market Reform Act 
of 2011, any farm labor contractor (as defined in 
section 3 of the Migrant and Seasonal Agricultural 
Worker Protection Act (29 U.S.C.)) that hires work-
ers for agricultural employment (as defined in sec-
tion 2(1) of such Act) shall participate in the E- 
Verify program to confirm the employment eligibility 
of all newly hired workers.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the first day of the sev-
enth month that begins after the enactment of this Act. 
SEC. 202. AMENDMENTS TO THE MIGRANT AND SEASONAL 
AGRICULTURAL WORKER PROTECTION ACT. 
(a) The Migrant and Seasonal Agricultural Worker 
Protection Act (Public Law 97–470) is amended by insert-
ing after section 105 (29 U.S.C. 1815) the following: 
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‘‘SEC. 106. PROHIBITION AGAINST EMPLOYING ILLEGAL 
ALIENS. 
‘‘(a) IN GENERAL.—No farm labor contractor shall 
hire any individual who is an alien not lawfully admitted 
for permanent residence or who has not been otherwise 
authorized by the Secretary of Homeland Security to ac-
cept employment. 
‘‘(b) COMPLIANCE.—A farm labor contractor shall be 
considered to comply with subsection (a) if the farm labor 
contractor demonstrates that the farm labor contractor 
utilized the E-Verify program to confirm the employment 
eligibility of all workers hired beginning on the date that 
is 6 months after the date of enactment of the Agricultural 
Labor Market Reform Act of 2011. 
‘‘(c) PRIVATE RIGHT OF ACTION.—Any migrant or 
seasonal farmworker (including prospective employees) 
who has been discriminated against or otherwise aggrieved 
by a violation of this section may file suit pursuant to sec-
tion 504.’’. 
(b) The amendments made in subsection (a) shall 
apply to the hiring of an individual occurring on or after 
the first day of the seventh month beginning after the date 
of enactment. 
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TITLE III—LABOR MARKET 
REFORMS 
SEC. 301. TRUST FUND FOR AGRICULTURAL LABOR MAR-
KET REFORM. 
(a) ESTABLISHMENT.—The Secretary shall establish 
by regulation a trust fund the purpose of which is to pro-
vide funds for enhanced enforcement of labor standards 
in agricultural employment, for research and promotion 
of better labor management practices in agriculture and 
other measures which will increase worker productivity 
and reduce underemployment among farm workers. 
(b) PAYMENT OF FINES INTO TRUST FUND.—All 
fines received by the Secretary pursuant to sections 101(g) 
and 103(a)(5) shall be paid into the trust fund established 
by this subsection. 
(c) DISPOSITION.—The amount in the trust fund 
shall be divided equally between the Departments of Labor 
and Agriculture on an annual basis for the uses set forth 
in section 302. 
SEC. 302. EXPENDITURES FROM TRUST FUND. 
The monies allocated to the Department of Labor 
and Department of Agriculture under subsection 301(c) 
shall be expended as follows: 
(1) DEPARTMENT OF LABOR.—The Department 
of Labor shall expend all monies allocated to it 
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under subsection 301(c) for enforcement of the Mi-
grant and Seasonal Agricultural Worker Protection 
Act, the Fair Labor Standards Act, and the Occupa-
tional Health and Safety Act in agricultural employ-
ment including outreach to farm workers, labor or-
ganizations, faith-based and community organiza-
tions serving farm workers. 
(2) DEPARTMENT OF AGRICULTURE.—The De-
partment of Agriculture shall expend all monies allo-
cated to it under subsection 301(c) for research and 
promotion of labor-saving technology and labor man-
agement practices in agriculture including ways to 
enhance worker productivity, better retain workers, 
and more efficiently utilize the existing work force 
by reducing farmworker underemployment. 
(3) ADVISORY COMMITTEE.—The Secretaries of 
Agriculture and Labor shall jointly establish an advi-
sory committee composed of an equal number of 
farm worker representatives appointed by the Sec-
retary of Labor and employer representatives ap-
pointed by the Secretary of Agriculture to advise the 
Secretary of Agriculture with respect to expenditures 
under paragraph (2). 
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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. 
(a) Section 3 of the Migrant and Seasonal Agricul-
tural Worker Protection Act (Public Law 97–470) is 
amended— 
(1) in paragraph (8), by amending subpara-
graph (B) to read as follows: 
‘‘(B) The term ‘migrant agricultural work-
er’ does not include any immediate family mem-
ber of an agricultural employer or farm labor 
contractor.’’; and 
(2) in paragraph (10), by amending subpara-
graph (B) to read as follows: 
‘‘(B) The term ‘seasonal agricultural work-
er’ does not include— 
‘‘(i) any migrant agricultural worker; 
or 
‘‘(ii) any immediate family member of 
an agricultural employer or farm labor 
contractor.’’. 
(b) The amendments made by subsection (a) shall 
apply to the employment, recruitment, referral, or utiliza-
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