I 
116TH CONGRESS 
1ST SESSION H. R. 4151 
To improve agricultural job opportunities, benefits, and security for aliens 
in the United States and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 2, 2019 
Ms. ESHOO introduced the following bill; which was referred to the Committee 
on the Judiciary, and in addition to the Committee on Ways and Means, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of the 
committee concerned 
A BILL 
To improve agricultural job opportunities, benefits, and secu-
rity for aliens in the United States and for other pur-
poses. 
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 
‘‘Undocumented Taxpayers Opportunity Act of 2019’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
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TITLE I—PROGRAM FOR EARNED STATUS ADJUSTMENT OF 
ALIEN TAXPAYERS 
Sec. 101. Provisional immigrant status. 
Sec. 102. Adjustment to permanent resident status. 
Sec. 103. Use of information. 
Sec. 104. Reports on provisional immigrants. 
Sec. 105. Authorization of appropriations. 
TITLE II—CORRECTION OF SOCIAL SECURITY RECORDS 
Sec. 201. Correction of Social Security records. 
TITLE III—DEFINITIONS 
Sec. 301. Definitions. 
TITLE 
I—PROGRAM 
FOR 
EARNED 
STATUS 
ADJUST-
MENT OF ALIEN TAXPAYERS 
SEC. 101. PROVISIONAL IMMIGRANT STATUS. 
(a) REQUIREMENTS FOR PROVISIONAL IMMIGRANT 
STATUS.—Notwithstanding any other provision of law, the 
Secretary may grant provisional immigrant status to an 
alien who— 
(1)(A) has a tax liability that is greater than $0 
which has been assessed and paid for each of the 5 
immediately preceding taxable years; or 
(B)(i) is the spouse or child of an alien de-
scribed in subparagraph (A); 
(ii) was physically present in the United States 
on or before the date of the enactment of this Act; 
and 
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(iii) has maintained continuous presence in the 
United States from that date until the date on which 
the alien is granted provisional immigrant status; 
(2) is not ineligible under subsection (d)(2); 
(3) submits a completed application before the 
end of the period set forth in subsection (b)(3); 
(4) passes the national security and law en-
forcement clearances required under subsection 
(d)(1) to the satisfactory of the Secretary; and 
(5) pays the required processing fees and pen-
alties in accordance with subsection (e). 
(b) APPLICATION.— 
(1) SUBMISSION REQUIREMENTS.—An alien de-
scribed in subsection (a)(1) who is seeking provi-
sional immigrant status shall submit an applica-
tion— 
(A) to the Secretary, 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 Regu-
lations; or 
(B) to a qualified entity if the applicant 
consents to the forwarding of the application to 
the Secretary. 
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(2) EVIDENCE
OF
APPLICATION
FILING.—As 
soon as practicable after receiving each application 
for provisional immigrant status under paragraph 
(1), the Secretary shall provide the applicant with a 
document acknowledging the receipt of such applica-
tion. 
(3) APPLICATION PERIOD.— 
(A) INITIAL PERIOD.—Except as provided 
in subparagraphs (B) and (C), the Secretary 
shall accept applications for provisional immi-
grant status from aliens in the United States 
during the 18-month period beginning on the 
date on which the final rule is published in the 
Federal Register pursuant to subsection (j). 
(B) EXCEPTION.—Aliens described in sub-
section (a)(1)(C) may apply for provisional im-
migrant status from outside of the United 
States. 
(C) EXTENSION.—If the Secretary deter-
mines, during the initial period described in 
subparagraph (A), that additional time is re-
quired to process applications for provisional 
immigrant status or for other good cause, the 
Secretary may extend the period for accepting 
applications for an additional 18 months. 
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(4) APPLICATION.— 
(A) IN
GENERAL.—The application form 
referred to in paragraph (1) shall collect such 
information as the Secretary determines nec-
essary and appropriate. 
(B) FAMILY APPLICATION.—The Secretary 
shall establish a process through which an alien 
may submit a single application under this sec-
tion on behalf of the alien and his or her spouse 
and children who meet the requirements set 
forth in subsection (a)(1)(B). 
(5) ADJUDICATION.— 
(A) 
INTERVIEW.—The 
Secretary 
may 
interview applicants for provisional immigrant 
status to determine whether they meet the eligi-
bility requirements set forth in this section. 
(B) FAILURE TO SUBMIT SUFFICIENT EVI-
DENCE.—The Secretary may deny an applica-
tion for provisional immigrant status submitted 
by an alien who fails to submit evidence of the 
alien’s eligibility for such status. 
(C) NOTICE.—If the Secretary denies an 
application for provisional immigrant status, 
the Secretary shall— 
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(i) send a written notice to the appli-
cant that provides the applicant with the 
basis for denial; and 
(ii) provide the alien with an oppor-
tunity to cure the denial within a reason-
able time. 
(D) AMENDED
APPLICATION.—An alien 
whose application for provisional immigrant sta-
tus is denied under subparagraph (B) may sub-
mit an amended application for such status to 
the Secretary if the amended application— 
(i) is submitted within the application 
period described in paragraph (3); and 
(ii) contains all the required informa-
tion and fees that were missing from the 
initial application. 
(E) ADDITIONAL PROCEDURES.—The Sec-
retary may utilize the procedures set forth in 
sections 103.2 and 103.3 of title 8, Code of 
Federal Regulations, as in effect on the date of 
the enactment of this Act, to adjudicate re-
quests for provisional immigrant status to the 
extent such procedures are consistent with the 
requirements under this section. 
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(v) shall include such other features 
and information as the Secretary may pre-
scribe. 
(c) SPECIAL RULES FOR PROVISIONAL IMMIGRANT 
APPLICANTS AND ALIENS ELIGIBLE FOR PROVISIONAL 
IMMIGRANT STATUS.— 
(1) ALIENS APPREHENDED BEFORE OR DURING 
THE APPLICATION PERIOD.—If an alien, who is ap-
prehended during the period beginning on the date 
of the enactment of this Act and ending on the last 
day of the application period described in paragraph 
(3), appears prima facie eligible for provisional im-
migrant status, the Secretary— 
(A) shall provide the alien with a reason-
able opportunity to submit an application for 
such status under this section during such ap-
plication period; and 
(B) may not remove the individual until a 
final administrative determination is made on 
the application. 
(2) ALIENS IN REMOVAL PROCEEDINGS.—Not-
withstanding any other provision of the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.) if an 
alien is in removal, deportation, or exclusion pro-
ceedings during the period beginning on the date of 
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the enactment of this Act and ending on the last day 
of the application period described in subsection 
(b)(3) and is prima facie eligible for provisional im-
migrant status under this section, upon motion by 
the Secretary and with the consent of the alien or 
upon motion by the alien, the Executive Office for 
Immigration Review shall— 
(A) terminate such proceedings without 
prejudice to future proceedings; and 
(B) permit the alien a reasonable oppor-
tunity to apply for such status. 
(3) TREATMENT OF ALIENS PREVIOUSLY OR-
DERED REMOVED.— 
(A) IN GENERAL.—If an alien who meets 
the eligibility requirements set forth in sub-
section (a) is present in the United States and 
has been ordered excluded, deported, or re-
moved, or ordered to depart voluntarily from 
the United States under any provision of the 
Immigration and Nationality Act— 
(i) notwithstanding such order or sec-
tion 241(a)(5) of the Immigration and Na-
tionality Act (8 U.S.C. 1231(a)(5)), the 
alien may apply for provisional immigrant 
status under this section; and 
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(ii) if the alien is granted such status, 
the alien may file a motion to reopen the 
exclusion, deportation, removal, or vol-
untary departure order, which motion shall 
be granted. 
(B) LIMITATIONS
ON
MOTIONS
TO
RE-
OPEN.—The limitations on motions to reopen 
set forth in section 240(c)(7) of the Immigra-
tion and Nationality Act (8 U.S.C. 1229a(c)(7)) 
shall not apply to motions filed under subpara-
graph (A)(ii). 
(4) PERIOD PENDING ADJUDICATION OF APPLI-
CATION.—During the period beginning on the date 
on which an alien applies for provisional immigrant 
status under this section and ending on the date on 
which the Secretary makes a final decision regarding 
such application, the alien— 
(A) is eligible to apply for advance parole; 
(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 
provisional immigrant status under subsection 
(d)(2); 
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(C) shall 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) shall 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))). 
(5) EFFECT OF DEPARTURE.—Section 101(g) 
of the Immigration and Nationality Act (8 U.S.C. 
1101(g)) shall not apply to an alien granted— 
(A) advance parole under paragraph (4)(A) 
to reenter the United States; or 
(B) provisional immigrant status. 
(6) PROTECTION
FROM
DETENTION
OR
RE-
MOVAL DURING PROVISIONAL IMMIGRANT STATUS.— 
An alien granted provisional immigrant status under 
this section may not be detained by the Secretary or 
removed from the United States unless— 
(A) the alien is removable under section 
237 of the Immigration and Nationality Act (8 
U.S.C. 1227); or 
(B) the alien’s provisional immigrant sta-
tus has been revoked. 
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(7) DURATION OF STATUS.—Beginning on the 
date that is eight years after the date on which reg-
ulations are published under subsection (j), no alien 
may remain in provisional immigrant status. 
(d) REQUIRED BACKGROUND INVESTIGATIONS AND 
INELIGIBILITY.— 
(1) IN GENERAL.— 
(A) BIOMETRIC AND BIOGRAPHIC DATA.— 
The Secretary may not grant provisional immi-
grant status to an alien or an alien dependent 
spouse or child under this section unless such 
alien submits biometric and biographic data in 
accordance with procedures established by the 
Secretary. 
(B) 
ALTERNATIVE
PROCEDURES.—The 
Secretary shall provide an alternative procedure 
for applicants who cannot provide the standard 
biometric data required under subparagraph 
(A) because of a physical impairment. 
(C) DATA
COLLECTION.—The Secretary 
shall collect, from each alien applying for status 
under this section, biometric, biographic, and 
other data that the Secretary determines to be 
appropriate in order to conduct a background 
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investigation and determine the alien’s eligi-
bility for provisional immigrant status. 
(2) GROUNDS FOR INELIGIBILITY.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), an alien is ineligible for pro-
visional immigrant status if the Secretary deter-
mines that the alien— 
(i) has a conviction for— 
(I) an offense classified as a fel-
ony in the convicting jurisdiction 
(other than a State or local offense 
for which an essential element was the 
alien’s immigration status, or a viola-
tion of the Immigration and Nation-
ality Act (8 U.S.C. 1101 et seq.)); 
(II) an aggravated felony (as de-
fined in section 101(a)(43) of the Im-
migration and Nationality Act (8 
U.S.C. 1101(a)(43)) at the time of 
the conviction); 
(III) 3 or more misdemeanor of-
fenses (other than minor traffic of-
fenses or State or local offenses for 
which an essential element was the 
alien’s immigration status, or viola-
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(I) paragraphs (4), (5), (7), and 
(9)(B) of such section 212(a) shall 
not apply; 
(II) 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 the enactment of this Act; and 
(III) 
paragraphs 
(6)(B) 
and 
(9)(A) of such section 212(a) shall 
not apply unless the relevant conduct 
began on or after the date on which 
the alien files an application for reg-
istered provisional immigrant status 
under this section; 
(iii) is an alien who the Secretary 
knows or has reasonable grounds to be-
lieve, is engaged in or is likely to engage 
after entry in any terrorist activity (as de-
fined in section 212(a)(3)(B)(iv) of such 
Act); or 
(iv) was, on the date of the enactment 
of this Act— 
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(I) an alien lawfully admitted for 
permanent residence; or 
(II) an alien admitted as a ref-
ugee under section 207 of the Immi-
gration and Nationality Act (8 U.S.C. 
1157) or granted asylum under sec-
tion 208 of such Act (8 U.S.C. 1158). 
(B) WAIVER.— 
(i) IN GENERAL.—The Secretary may 
waive the application of subparagraph 
(A)(i)(III) or any provision of section 
212(a) of the Immigration and Nationality 
Act (8 U.S.C. 1182(a)) that is not listed in 
clause (ii) on behalf of an alien for human-
itarian purposes, to ensure family unity, or 
if such a waiver is otherwise in the public 
interest. Any discretionary authority to 
waive grounds of inadmissibility under 
such section 212(a) conferred under any 
other provision of the Immigration and 
Nationality Act shall apply equally to 
aliens seeking provisional immigrant status 
under this section. 
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(ii) EXCEPTIONS.—The discretionary 
authority under clause (i) may not be used 
to waive— 
(I) 
subparagraph 
(B), 
(C), 
(D)(ii), (E), (G), (H), or (I) of section 
212(a)(2) of such Act; 
(II) section 212(a)(3) of such 
Act; or 
(III) subparagraph (A), (C), (D), 
or (E) of section 212(a)(10) of such 
Act. 
(C) CONVICTION
EXPLAINED.—For pur-
poses of this paragraph, the term ‘‘conviction’’ 
does not include a judgment that has been ex-
punged, set aside, or the equivalent. 
(D) RULE OF CONSTRUCTION.—Nothing in 
this paragraph may be construed to require the 
Secretary to commence removal proceedings 
against an alien. 
(e) FEES AND PENALTIES.— 
(1) STANDARD
PROCESSING
FEE.—Aliens 16 
years of age or older who are applying for provi-
sional immigrant status under this subsection, or for 
an extension of such status, shall pay a processing 
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fee to the Department of Homeland Security in an 
amount determined by the Secretary. 
(2) RECOVERY OF COSTS.—The processing fee 
authorized under paragraph (1) shall be set at a 
level that is sufficient to recover the full costs of 
processing the application, including any costs in-
curred— 
(A) to adjudicate the application; 
(B) to take and process biometric data; 
(C) to perform national security and crimi-
nal checks, including adjudication; 
(D) to prevent and investigate fraud; and 
(E) to administer the collection of such 
fee. 
(3) AUTHORITY
TO
LIMIT
FEES.—The Sec-
retary may issue regulations— 
(A) to limit the maximum processing fee 
payable under this subsection by a family, in-
cluding spouses and unmarried children young-
er than 21 years of age; and 
(B) to exempt defined classes of individ-
uals from the payment of the fee required 
under paragraph (1). 
(4) PENALTY.—In addition to the processing 
fee required under paragraph (1), aliens applying for 
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provisional immigrant status under this subsection 
who are 21 years of age or older shall pay a $100 
penalty to the Department of Homeland Security. 
(5) DEPOSIT AND USE OF PROCESSING FEES 
AND
PENALTIES.—Fees and penalties authorized 
under this subsection— 
(A) shall be deposited into the Immigration 
Examinations Fee Account pursuant to section 
286(m) of the Immigration and Nationality Act 
(8 U.S.C. 1356(m)); and 
(B) shall remain available until expended 
pursuant to section 286(n) of such Act. 
(f) TERMS AND CONDITIONS OF PROVISIONAL IMMI-
GRANT STATUS.— 
(1) CONDITIONS OF PROVISIONAL IMMIGRANT 
STATUS.— 
(A) EMPLOYMENT.—Notwithstanding any 
other provision of law, including section 
241(a)(7) of the Immigration and Nationality 
Act (8 U.S.C. 1231(a)(7)), an alien with provi-
sional immigrant status shall be authorized to 
be employed in the United States while in such 
status. 
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(B) 
TRAVEL
OUTSIDE
THE
UNITED 
STATES.—An alien with provisional immigrant 
status— 
(i) may travel outside of the United 
States, including commuting to the United 
States from a residence in a foreign coun-
try; and 
(ii) may be admitted upon returning 
to the United States without having to ob-
tain a visa if— 
(I) the alien is in possession of— 
(aa) valid, unexpired docu-
mentary evidence of provisional 
immigrant status that complies 
with subsection (b)(6)(B); or 
(bb) a travel document that 
has been approved by the Sec-
retary and was issued to the 
alien after the alien’s original 
documentary evidence was lost, 
stolen, or destroyed; 
(II) the alien’s absence from the 
United States did not exceed 180 
days, unless the alien’s failure to 
timely return was due to extenuating 
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