(2) DOCUMENTS TO ESTABLISH INCOME.—To 
establish the alien’s income, the alien may provide— 
(A) employment records or other records of 
earned income, including records that have been 
maintained by the Social Security Administra-
tion, the Internal Revenue Service, or any other 
Federal, State, or local government agency; 
(B) bank records; or 
(C) at least two sworn affidavits from indi-
viduals who are not related to the alien and 
who have direct knowledge of the alien’s work 
and income that contain— 
(i) the name, address, and telephone 
number of the affiant; and 
(ii) the nature and duration of the re-
lationship between the affiant and the 
alien. 
(3) DOCUMENTS TO ESTABLISH FOSTER CARE, 
LACK OF FAMILIAL SUPPORT, OR SERIOUS, CHRONIC 
DISABILITY.—To establish that the alien is in foster 
care, lacks parental or familial support, or has a se-
rious, chronic disability, the alien may provide at 
least two sworn affidavits from individuals who are 
not related to the alien and who have direct knowl-
edge of the circumstances that contain—
(A) a statement that the alien is in foster 
care, otherwise lacks any parental or other fa-
miliar support, or has a serious, chronic dis-
ability, as appropriate; 
(B) the name, address, and telephone num-
ber of the affiant; and 
(C) the nature and duration of the rela-
tionship between the affiant and the alien. 
(h) DOCUMENTS ESTABLISHING QUALIFICATION FOR 
HARDSHIP EXEMPTION.—To establish that an alien satis-
fies one of the criteria for the hardship exemption set forth 
in section 104(a)(2)(C), the alien may submit to the Sec-
retary at least two sworn affidavits from individuals who 
are not related to the alien and who have direct knowledge 
of the circumstances that warrant the exemption, that 
contain— 
(1) the name, address, and telephone number of 
the affiant; and 
(2) the nature and duration of the relationship 
between the affiant and the alien. 
(i) DOCUMENTS ESTABLISHING SERVICE
IN
THE 
UNIFORMED SERVICES.—To establish that an alien has 
served in the Uniformed Services for at least 2 years and, 
if discharged, received an honorable discharge, the alien 
may submit to the Secretary—
(1) a Department of Defense form DD–214; 
(2) a National Guard Report of Separation and 
Record of Service form 22; 
(3) personnel records for such service from the 
appropriate Uniformed Service; or 
(4) health records from the appropriate Uni-
formed Service. 
(j) DOCUMENTS ESTABLISHING EARNED INCOME.— 
(1) IN
GENERAL.—An alien may satisfy the 
earned 
income 
requirement 
under 
section 
104(a)(1)(C)(iii) by submitting records that— 
(A) establish compliance with such require-
ment; and 
(B) have been maintained by the Social Se-
curity Administration, the Internal Revenue 
Service, or any other Federal, State, or local 
government agency. 
(2) OTHER DOCUMENTS.—An alien who is un-
able to submit the records described in paragraph 
(1) may satisfy the earned income requirement by 
submitting at least two types of reliable documents 
that provide evidence of employment or other forms 
of earned income, including— 
(A) bank records; 
(B) business records;
(C) employer or contractor records; 
(D) records of a labor union, day labor 
center, or organization that assists workers in 
employment; 
(E) sworn affidavits from individuals who 
are not related to the alien and who have direct 
knowledge of the alien’s work, that contain— 
(i) the name, address, and telephone 
number of the affiant; and 
(ii) the nature and duration of the re-
lationship between the affiant and the 
alien; 
(F) remittance records; or 
(G) any other evidence determined to be 
credible by the Secretary. 
(k) AUTHORITY TO PROHIBIT USE OF CERTAIN DOC-
UMENTS.—If the Secretary determines, after publication 
in the Federal Register and an opportunity for public com-
ment, that any document or class of documents does not 
reliably establish identity or that permanent resident sta-
tus under this Act (whether on a conditional basis, or 
without the conditional basis as provided in section 
104(c)(2)) is being obtained fraudulently to an unaccept-
able degree, the Secretary may prohibit or restrict the use 
of such document or class of documents.