(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.— 
(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. 
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(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; 
(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 1,350,000 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 
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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 
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 
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(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 101(e); or 
(B) documentation that may be submitted 
under section 104(c). 
(3) EXTRAORDINARY CIRCUMSTANCES.— 
(A) IN GENERAL.—In determining whether 
an alien has met the requirement of paragraph 
(1)(A), the Secretary may credit the alien with 
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not more than 12 additional months of agricul-
tural employment in the United States to meet 
such requirement if the alien was unable to 
work in agricultural employment due to— 
(i) pregnancy, injury, or disease, if the 
alien can establish such pregnancy, dis-
abling injury, or disease through medical 
records; 
(ii) illness, disease, or other special 
needs of a minor child, if the alien can es-
tablish such illness, disease, or special 
needs through medical records; 
(iii) severe weather conditions that 
prevented the alien from engaging in agri-
cultural employment for a significant pe-
riod of time; or 
(iv) termination from agricultural em-
ployment, if the Secretary finds that the 
termination was without just cause and 
that the alien was unable to find alter-
native agricultural employment after a rea-
sonable job search. 
(B) EFFECT
OF
FINDING.—A finding 
made under subparagraph (A)(iv), with respect 
to an alien, shall not— 
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(i) be conclusive, binding, or admis-
sible in a separate or subsequent judicial 
or administrative action or proceeding be-
tween the alien and a current or prior em-
ployer of the alien or any other party; or 
(ii) subject the alien’s employer to the 
payment of attorney fees incurred by the 
alien in seeking to obtain a finding under 
subparagraph (A)(iv). 
(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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(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— 
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(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 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-
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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 
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 
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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. 
(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 
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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); 
(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. 
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(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 
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, 
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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, 
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, 
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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. 
(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. 
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(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-
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-
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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 
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). 
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(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.— 
(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 
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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 
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. 
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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. 
(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 
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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. 
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. 
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(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 2009 and 
2010. 
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; 
(3) by inserting after subparagraph (C) the fol-
lowing: 
‘‘(D) who is granted blue card status under the 
Agricultural Job Opportunities, Benefits, and Secu-
rity Act of 2009’’; 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.’’. 
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(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—REFORM OF H–2A 
WORKER PROGRAM 
SEC. 201. AMENDMENTS TO THE IMMIGRATION AND NA-
TIONALITY ACT. 
(a) IN GENERAL.—Title II of the Immigration and 
Nationality Act (8 U.S.C. 1151 et seq.) is amended by 
striking section 218 and inserting the following: 
‘‘SEC. 218. H–2A EMPLOYER APPLICATIONS. 
‘‘(a) 
APPLICATIONS
TO
THE
SECRETARY
OF 
LABOR.— 
‘‘(1) IN GENERAL.—No alien may be admitted 
to the United States as an H–2A worker, or other-
wise provided status as an H–2A worker, unless the 
employer has filed with the Secretary of Labor an 
application containing— 
‘‘(A) the assurances described in sub-
section (b); 
‘‘(B) a description of the nature and loca-
tion of the work to be performed; 
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‘‘(C) the anticipated period (expected be-
ginning and ending dates) for which the work-
ers will be needed; and 
‘‘(D) the number of job opportunities in 
which the employer seeks to employ the work-
ers. 
‘‘(2) ACCOMPANIED BY JOB OFFER.—Each ap-
plication filed under paragraph (1) shall be accom-
panied by a copy of the job offer describing the 
wages and other terms and conditions of employ-
ment and the bona fide occupational qualifications 
that shall be possessed by a worker to be employed 
in the job opportunity in question. 
‘‘(b) ASSURANCES
FOR INCLUSION
IN APPLICA-
TIONS.—The assurances referred to in subsection (a)(1) 
are the following: 
‘‘(1) JOB
OPPORTUNITIES
COVERED
BY
COL-
LECTIVE BARGAINING AGREEMENTS.—With respect 
to a job opportunity that is covered under a collec-
tive bargaining agreement: 
‘‘(A) UNION CONTRACT DESCRIBED.—The 
job opportunity is covered by a union contract 
which was negotiated at arm’s length between a 
bona fide union and the employer. 
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‘‘(B) STRIKE OR LOCKOUT.—The specific 
job opportunity for which the employer is re-
questing an H–2A worker is not vacant because 
the former occupant is on strike or being locked 
out in the course of a labor dispute. 
‘‘(C) NOTIFICATION OF BARGAINING REP-
RESENTATIVES.—The employer, at the time of 
filing the application, has provided notice of the 
filing under this paragraph to the bargaining 
representative of the employer’s employees in 
the occupational classification at the place or 
places of employment for which aliens are 
sought. 
‘‘(D) TEMPORARY OR SEASONAL JOB OP-
PORTUNITIES.—The job opportunity is tem-
porary or seasonal. 
‘‘(E) OFFERS TO UNITED STATES WORK-
ERS.—The employer has offered or will offer 
the job to any eligible United States worker 
who applies and is equally or better qualified 
for the job for which the nonimmigrant is, or 
the nonimmigrants are, sought and who will be 
available at the time and place of need. 
‘‘(F) PROVISION
OF
INSURANCE.—If the 
job opportunity is not covered by the State 
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workers’ compensation law, the employer will 
provide, at no cost to the worker, insurance cov-
ering injury and disease arising out of, and in 
the course of, the worker’s employment which 
will provide benefits at least equal to those pro-
vided under the State’s workers’ compensation 
law for comparable employment. 
‘‘(2) JOB
OPPORTUNITIES
NOT
COVERED
BY 
COLLECTIVE BARGAINING AGREEMENTS.—With re-
spect to a job opportunity that is not covered under 
a collective bargaining agreement: 
‘‘(A) STRIKE OR LOCKOUT.—The specific 
job opportunity for which the employer has ap-
plied for an H–2A worker is not vacant because 
the former occupant is on strike or being locked 
out in the course of a labor dispute. 
‘‘(B) TEMPORARY OR SEASONAL JOB OP-
PORTUNITIES.—The job opportunity is tem-
porary or seasonal. 
‘‘(C) BENEFIT, WAGE, AND WORKING CON-
DITIONS.—The employer will provide, at a min-
imum, the benefits, wages, and working condi-
tions required by section 218A to all workers 
employed in the job opportunities for which the 
employer has applied for an H–2A worker 
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under subsection (a) and to all other workers in 
the same occupation at the place of employ-
ment. 
‘‘(D) 
NONDISPLACEMENT
OF
UNITED 
STATES WORKERS.—The employer did not dis-
place and will not displace a United States 
worker employed by the employer during the 
period of employment and for a period of 30 
days preceding the period of employment in the 
occupation at the place of employment for 
which the employer has applied for an H–2A 
worker. 
‘‘(E) REQUIREMENTS FOR PLACEMENT OF 
THE
NONIMMIGRANT
WITH
OTHER
EMPLOY-
ERS.—The employer will not place the non-
immigrant with another employer unless— 
‘‘(i) the nonimmigrant performs du-
ties in whole or in part at 1 or more work-
sites owned, operated, or controlled by 
such other employer; 
‘‘(ii) there are indicia of an employ-
ment 
relationship 
between 
the 
non-
immigrant and such other employer; and 
‘‘(iii) the employer has inquired of the 
other employer as to whether, and has no 
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actual knowledge or notice that, during the 
period of employment and for a period of 
30 days preceding the period of employ-
ment, the other employer has displaced or 
intends to displace a United States worker 
employed by the other employer in the oc-
cupation at the place of employment for 
which the employer seeks approval to em-
ploy H–2A workers. 
‘‘(F) STATEMENT OF LIABILITY.—The ap-
plication form shall include a clear statement 
explaining the liability under subparagraph (E) 
of an employer if the other employer described 
in such subparagraph displaces a United States 
worker as described in such subparagraph. 
‘‘(G) PROVISION
OF
INSURANCE.—If the 
job opportunity is not covered by the State 
workers’ compensation law, the employer will 
provide, at no cost to the worker, insurance cov-
ering injury and disease arising out of and in 
the course of the worker’s employment which 
will provide benefits at least equal to those pro-
vided under the State’s workers’ compensation 
law for comparable employment. 
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‘‘(H) EMPLOYMENT
OF
UNITED
STATES 
WORKERS.— 
‘‘(i) RECRUITMENT.—The employer 
has taken or will take the following steps 
to recruit United States workers for the 
job opportunities for which the H–2A non-
immigrant is, or H–2A nonimmigrants are, 
sought: 
‘‘(I) 
CONTACTING
FORMER 
WORKERS.—The employer shall make 
reasonable efforts through the sending 
of a letter by United States Postal 
Service mail, or otherwise, to contact 
any United States worker the em-
ployer employed during the previous 
season in the occupation at the place 
of intended employment for which the 
employer is applying for workers and 
has made the availability of the em-
ployer’s job opportunities in the occu-
pation at the place of intended em-
ployment known to such previous 
workers, unless the worker was termi-
nated from employment by the em-
ployer for a lawful job-related reason 
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or abandoned the job before the work-
er completed the period of employ-
ment of the job opportunity for which 
the worker was hired. 
‘‘(II) FILING A JOB OFFER WITH 
THE
LOCAL
OFFICE
OF
THE
STATE 
EMPLOYMENT
SECURITY
AGENCY.— 
Not later than 28 days before the 
date on which the employer desires to 
employ an H–2A worker in a tem-
porary or seasonal agricultural job op-
portunity, the employer shall submit a 
copy of the job offer described in sub-
section (a)(2) to the local office of the 
State employment security agency 
which serves the area of intended em-
ployment and authorize the posting of 
the job opportunity on ‘America’s Job 
Bank’ or other electronic job registry, 
except that nothing in this subclause 
shall require the employer to file an 
interstate job order under section 653 
of title 20, Code of Federal Regula-
tions. 
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‘‘(III) ADVERTISING OF JOB OP-
PORTUNITIES.—Not later than 14 
days before the date on which the em-
ployer desires to employ an H–2A 
worker in a temporary or seasonal ag-
ricultural job opportunity, the em-
ployer shall advertise the availability 
of the job opportunities for which the 
employer is seeking workers in a pub-
lication in the local labor market that 
is likely to be patronized by potential 
farm workers. 
‘‘(IV) 
EMERGENCY
PROCE-
DURES.—The 
Secretary 
of 
Labor 
shall, by regulation, provide a proce-
dure for acceptance and approval of 
applications in which the employer 
has not complied with the provisions 
of this subparagraph because the em-
ployer’s need for H–2A workers could 
not reasonably have been foreseen. 
‘‘(ii) JOB OFFERS.—The employer has 
offered or will offer the job to any eligible 
United States worker who applies and is 
equally or better qualified for the job for 
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which the nonimmigrant is, or non-
immigrants are, sought and who will be 
available at the time and place of need. 
‘‘(iii) PERIOD OF EMPLOYMENT.—The 
employer will provide employment to any 
qualified United States worker who applies 
to the employer during the period begin-
ning on the date on which the H–2A work-
er departs for the employer’s place of em-
ployment and ending on the date on which 
50 percent of the period of employment for 
which the H–2A worker who is in the job 
was hired has elapsed, subject to the fol-
lowing requirements: 
‘‘(I) PROHIBITION.—No person 
or entity shall willfully and knowingly 
withhold United States workers before 
the arrival of H–2A workers in order 
to force the hiring of United States 
workers under this clause. 
‘‘(II) COMPLAINTS.—Upon re-
ceipt of a complaint by an employer 
that a violation of subclause (I) has 
occurred, the Secretary of Labor shall 
immediately investigate. The Sec-
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retary of Labor shall, within 36 hours 
of the receipt of the complaint, issue 
findings concerning the alleged viola-
tion. If the Secretary of Labor finds 
that a violation has occurred, the Sec-
retary of Labor shall immediately sus-
pend the application of this clause 
with respect to that certification for 
that date of need. 
‘‘(III) PLACEMENT
OF
UNITED 
STATES
WORKERS.—Before referring 
a United States worker to an em-
ployer during the period described in 
the matter preceding subclause (I), 
the Secretary of Labor shall make all 
reasonable efforts to place the United 
States worker in an open job accept-
able to the worker, if there are other 
job offers pending with the job service 
that offer similar job opportunities in 
the area of intended employment. 
‘‘(iv) STATUTORY
CONSTRUCTION.— 
Nothing in this subparagraph shall be con-
strued to prohibit an employer from using 
such legitimate selection criteria relevant 
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to the type of job that are normal or cus-
tomary to the type of job involved so long 
as such criteria are not applied in a dis-
criminatory manner. 
‘‘(c) APPLICATIONS BY ASSOCIATIONS ON BEHALF 
OF EMPLOYER MEMBERS.— 
‘‘(1) IN GENERAL.—An agricultural association 
may file an application under subsection (a) on be-
half of 1 or more of its employer members that the 
association certifies in its application has or have 
agreed in writing to comply with the requirements of 
this section and sections 218A, 218B, and 218C. 
‘‘(2) TREATMENT OF ASSOCIATIONS ACTING AS 
EMPLOYERS.—If an association filing an application 
under paragraph (1) is a joint or sole employer of 
the temporary or seasonal agricultural workers re-
quested on the application, the certifications granted 
under subsection (e)(2)(B) to the association may be 
used for the certified job opportunities of any of its 
producer members named on the application, and 
such workers may be transferred among such pro-
ducer members to perform the agricultural services 
of a temporary or seasonal nature for which the cer-
tifications were granted. 
‘‘(d) WITHDRAWAL OF APPLICATIONS.— 
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‘‘(1) IN GENERAL.—An employer may withdraw 
an application filed pursuant to subsection (a), ex-
cept that if the employer is an agricultural associa-
tion, the association may withdraw an application 
filed pursuant to subsection (a) with respect to 1 or 
more of its members. To withdraw an application, 
the employer or association shall notify the Sec-
retary of Labor in writing, and the Secretary of 
Labor shall acknowledge in writing the receipt of 
such withdrawal notice. An employer who withdraws 
an application under subsection (a), or on whose be-
half an application is withdrawn, is relieved of the 
obligations undertaken in the application. 
‘‘(2) LIMITATION.—An application may not be 
withdrawn while any alien provided status under sec-
tion 101(a)(15)(H)(ii)(a) pursuant to such applica-
tion is employed by the employer. 
‘‘(3) OBLIGATIONS UNDER OTHER STATUTES.— 
Any obligation incurred by an employer under any 
other law or regulation as a result of the recruit-
ment of United States workers or H–2A workers 
under an offer of terms and conditions of employ-
ment required as a result of making an application 
under subsection (a) is unaffected by withdrawal of 
such application. 
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‘‘(e) REVIEW AND APPROVAL OF APPLICATIONS.— 
‘‘(1) RESPONSIBILITY
OF
EMPLOYERS.—The 
employer shall make available for public examina-
tion, within 1 working day after the date on which 
an application under subsection (a) is filed, at the 
employer’s principal place of business or worksite, a 
copy of each such application (and such accom-
panying documents as are necessary). 
‘‘(2) RESPONSIBILITY OF THE SECRETARY OF 
LABOR.— 
‘‘(A) COMPILATION
OF
LIST.—The Sec-
retary of Labor shall compile, on a current 
basis, a list (by employer and by occupational 
classification) of the applications filed under 
subsection (a). Such list shall include the wage 
rate, number of workers sought, period of in-
tended employment, and date of need. The Sec-
retary of Labor shall make such list available 
for examination in the District of Columbia. 
‘‘(B) REVIEW
OF
APPLICATIONS.—The 
Secretary of Labor shall review such an applica-
tion only for completeness and obvious inac-
curacies. Unless the Secretary of Labor finds 
that the application is incomplete or obviously 
inaccurate, the Secretary of Labor shall certify 
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that the intending employer has filed with the 
Secretary of Labor an application as described 
in subsection (a). Such certification shall be 
provided within 7 days of the filing of the appli-
cation.’’ 
‘‘SEC. 218A. H–2A EMPLOYMENT REQUIREMENTS. 
‘‘(a) PREFERENTIAL TREATMENT OF ALIENS PRO-
HIBITED.—Employers seeking to hire United States work-
ers shall offer the United States workers no less than the 
same benefits, wages, and working conditions that the em-
ployer is offering, intends to offer, or will provide to H– 
2A workers. Conversely, no job offer may impose on 
United States workers any restrictions or obligations 
which will not be imposed on the employer’s H–2A work-
ers. 
‘‘(b) MINIMUM BENEFITS, WAGES, AND WORKING 
CONDITIONS.—Except in cases where higher benefits, 
wages, or working conditions are required by the provi-
sions of subsection (a), in order to protect similarly em-
ployed United States workers from adverse effects with 
respect to benefits, wages, and working conditions, every 
job offer which shall accompany an application under sec-
tion 218(b)(2) shall include each of the following benefit, 
wage, and working condition provisions: 
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‘‘(1) REQUIREMENT TO PROVIDE HOUSING OR A 
HOUSING ALLOWANCE.— 
‘‘(A) IN GENERAL.—An employer applying 
under section 218(a) for H–2A workers shall 
offer to provide housing at no cost to all work-
ers in job opportunities for which the employer 
has applied under that section and to all other 
workers in the same occupation at the place of 
employment, whose place of residence is beyond 
normal commuting distance. 
‘‘(B) TYPE
OF
HOUSING.—In complying 
with subparagraph (A), an employer may, at 
the employer’s election, provide housing that 
meets applicable Federal standards for tem-
porary labor camps or secure housing that 
meets applicable local standards for rental or 
public accommodation housing or other sub-
stantially similar class of habitation, or in the 
absence of applicable local standards, State 
standards for rental or public accommodation 
housing or other substantially similar class of 
habitation. In the absence of applicable local or 
State standards, Federal temporary labor camp 
standards shall apply. 
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‘‘(C) FAMILY HOUSING.—If it is the pre-
vailing practice in the occupation and area of 
intended employment to provide family housing, 
family housing shall be provided to workers 
with families who request it. 
‘‘(D) WORKERS ENGAGED IN THE RANGE 
PRODUCTION OF LIVESTOCK.—The Secretary of 
Labor shall issue regulations that address the 
specific requirements for the provision of hous-
ing to workers engaged in the range production 
of livestock. 
‘‘(E) LIMITATION.—Nothing in this para-
graph shall be construed to require an employer 
to provide or secure housing for persons who 
were not entitled to such housing under the 
temporary labor certification regulations in ef-
fect on June 1, 1986. 
‘‘(F) CHARGES FOR HOUSING.— 
‘‘(i) CHARGES
FOR
PUBLIC
HOUS-
ING.—If public housing provided for mi-
grant agricultural workers under the aus-
pices of a local, county, or State govern-
ment is secured by an employer, and use of 
the public housing unit normally requires 
charges 
from 
migrant 
workers, 
such 
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charges shall be paid by the employer di-
rectly to the appropriate individual or enti-
ty affiliated with the housing’s manage-
ment. 
‘‘(ii) DEPOSIT CHARGES.—Charges in 
the form of deposits for bedding or other 
similar incidentals related to housing shall 
not be levied upon workers by employers 
who provide housing for their workers. An 
employer may require a worker found to 
have been responsible for damage to such 
housing which is not the result of normal 
wear and tear related to habitation to re-
imburse the employer for the reasonable 
cost of repair of such damage. 
‘‘(G) HOUSING
ALLOWANCE
AS
ALTER-
NATIVE.— 
‘‘(i) IN GENERAL.—If the requirement 
set out in clause (ii) is satisfied, the em-
ployer may provide a reasonable housing 
allowance instead of offering housing 
under subparagraph (A). Upon the request 
of a worker seeking assistance in locating 
housing, the employer shall make a good 
faith effort to assist the worker in identi-
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fying and locating housing in the area of 
intended employment. An employer who of-
fers a housing allowance to a worker, or 
assists a worker in locating housing which 
the worker occupies, pursuant to this 
clause shall not be deemed a housing pro-
vider under section 203 of the Migrant and 
Seasonal Agricultural Worker Protection 
Act (29 U.S.C. 1823) solely by virtue of 
providing such housing allowance. No 
housing allowance may be used for housing 
which is owned or controlled by the em-
ployer. 
‘‘(ii) CERTIFICATION.—The require-
ment of this clause is satisfied if the Gov-
ernor of the State certifies to the Secretary 
of Labor that there is adequate housing 
available in the area of intended employ-
ment for migrant farm workers and H–2A 
workers who are seeking temporary hous-
ing while employed in agricultural work. 
Such certification shall expire after 3 years 
unless renewed by the Governor of the 
State. 
‘‘(iii) AMOUNT OF ALLOWANCE.— 
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‘‘(I) NONMETROPOLITAN
COUN-
TIES.—If the place of employment of 
the workers provided an allowance 
under this subparagraph is a non-
metropolitan county, the amount of 
the housing allowance under this sub-
paragraph shall be equal to the state-
wide average fair market rental for 
existing housing for nonmetropolitan 
counties for the State, as established 
by the Secretary of Housing and 
Urban Development pursuant to sec-
tion 8(c) of the United States Hous-
ing Act of 1937 (42 U.S.C. 1437f(c)), 
based on a 2-bedroom dwelling unit 
and an assumption of 2 persons per 
bedroom. 
‘‘(II) 
METROPOLITAN
COUN-
TIES.—If the place of employment of 
the workers provided an allowance 
under this paragraph is in a metro-
politan county, the amount of the 
housing allowance under this subpara-
graph shall be equal to the statewide 
average fair market rental for existing 
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housing for metropolitan counties for 
the State, as established by the Sec-
retary of Housing and Urban Devel-
opment pursuant to section 8(c) of 
the United States Housing Act of 
1937 (42 U.S.C. 1437f(c)), based on 
a 2-bedroom dwelling unit and an as-
sumption of 2 persons per bedroom. 
‘‘(2) REIMBURSEMENT OF TRANSPORTATION.— 
‘‘(A) TO
PLACE
OF
EMPLOYMENT.—A 
worker who completes 50 percent of the period 
of employment of the job opportunity for which 
the worker was hired shall be reimbursed by the 
employer for the cost of the worker’s transpor-
tation and subsistence from the place from 
which the worker came to work for the em-
ployer (or place of last employment, if the 
worker traveled from such place) to the place of 
employment. 
‘‘(B) FROM PLACE OF EMPLOYMENT.—A 
worker who completes the period of employment 
for the job opportunity involved shall be reim-
bursed by the employer for the cost of the 
worker’s transportation and subsistence from 
the place of employment to the place from 
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which the worker, disregarding intervening em-
ployment, came to work for the employer, or to 
the place of next employment, if the worker has 
contracted with a subsequent employer who has 
not agreed to provide or pay for the worker’s 
transportation and subsistence to such subse-
quent employer’s place of employment. 
‘‘(C) LIMITATION.— 
‘‘(i) AMOUNT OF REIMBURSEMENT.— 
Except as provided in clause (ii), the 
amount of reimbursement provided under 
subparagraph (A) or (B) to a worker or 
alien shall not exceed the lesser of— 
‘‘(I) the actual cost to the worker 
or alien of the transportation and sub-
sistence involved; or 
‘‘(II) the most economical and 
reasonable common carrier transpor-
tation charges and subsistence costs 
for the distance involved. 
‘‘(ii) DISTANCE TRAVELED.—No reim-
bursement under subparagraph (A) or (B) 
shall be required if the distance traveled is 
100 miles or less, or the worker is not re-
siding in employer-provided housing or 
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housing secured through an allowance as 
provided in paragraph (1)(G). 
‘‘(D) EARLY TERMINATION.—If the worker 
is laid off or employment is terminated for con-
tract impossibility (as described in paragraph 
(4)(D)) before the anticipated ending date of 
employment, the employer shall provide the 
transportation and subsistence required by sub-
paragraph (B) and, notwithstanding whether 
the worker has completed 50 percent of the pe-
riod of employment, shall provide the transpor-
tation reimbursement required by subparagraph 
(A). 
‘‘(E) TRANSPORTATION BETWEEN LIVING 
QUARTERS
AND
WORKSITE.—The employer 
shall provide transportation between the work-
er’s living quarters and the employer’s worksite 
without cost to the worker, and such transpor-
tation will be in accordance with applicable laws 
and regulations. 
‘‘(3) REQUIRED WAGES.— 
‘‘(A) IN GENERAL.—An employer applying 
for workers under section 218(a) shall offer to 
pay, and shall pay, all workers in the occupa-
tion for which the employer has applied for 
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