,,ii #aafth ,,congress #ast ,session ,s4 #age ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #ag1 #bjai,mrs4 ,feinstein 7for herself1 ,ms4 ,harris1 ,mr4 ,leahy1 ,mr4 ,bennet1 ,ms4 ,hirono1 ,mr4 ,blumenthal1 ,mr4 ,booker1 ,mrs4 ,gillibrand1 ,mr4 ,wyden1 ,mr4 ,merkley1 ,mr4 ,udall1 and ,mr4 ,sanders7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to improve agricultural job opportunities1 benefits1 and security for aliens in the ,united ,states1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,agricultural ,worker ,program ,act of #bjai4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,,title ,i--,program for ,earned ,status ,adjustment of ,agricultural ,workers,sec4 #aja4 ,blue card status4,sec4 #ajb4 ,adjustment to permanent resident status4,sec4 #ajc4 ,use of information4,sec4 #ajd4 ,reports on blue cards4,sec4 #aje4 ,authorization of appropriations4,,title ,,ii--,correction of ,social ,security records,sec4 #bja4 ,correction of ,social ,security records4,,title ,,iii--,definitions,sec4 #cja4 ,definitions4 ,i ,program for ,earned ,status ,adjustment of ,agricultural ,workers #aja4 ,blue card status 7a7 ,requirements for blue card status ,notwithstanding any other provision of law1 the ,secretary may grant blue card status to any alien who-- 7#a7 7,a7 has completed qualified work2 7,b7 7i7 is the spouse or child of an alien described in subparagraph 7,a72 7ii7 was physically present in the ,united ,states on or before the date of the enactment of this ,act2 and 7iii7 has maintained continuous presence in the ,united ,states from such date of enactment until the date on which the alien is granted blue card status2 or 7,c7 is1 or has been1 a nonimmigrant alien admitted to the ,united ,states for agricultural employment described in section #aja7;a77#ae77;,h77ii77a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77ii77a77 who has completed qualified work2 7#b7 is not ineligible under subsection 7d77#b72 7#c7 submits a completed application before the end of the period set forth in subsection 7b77#c72 7#d7 passes the national security and law enforcement clearances required under subsection 7d77#a7 to the satisfactory of the ,secretary2 and 7#e7 pays the required processing fees and penalties in accordance with subsection 7e74 7b7 ,application 7#a7 ,submission requirements ,an alien described in subsection 7a77#a7 who is seeking blue card status shall submit an application-- 7,a7 to the ,secretary1 with the assistance of an attorney or a nonprofit religious1 charitable1 social service1 or similar organization recognized by the ,board of ,immigration ,appeals under section #bib4b of title #h1 ,code of ,federal ,regulations2 or 7,b7 to a qualified designated entity if the applicant consents to the forwarding of the application to the ,secretary4 7#b7 ,evidence of application filing ,as soon as practicable after receiving each application for blue card status under paragraph 7#a71 the ,secretary shall provide the applicant with a document acknowledging the receipt of such application4 7#c7 ,application period 7,a7 ,initial period ,except as provided in subparagraphs 7,b7 and 7,c71 the ,secretary shall accept applications for blue card status from aliens in the ,united ,states during the #ah-month period beginning on the date on which the final rule is published in the ,federal ,register pursuant to subsection 7j74 7,b7 ,exception ,aliens described in subsection 7a77#a77;,c7 may apply for blue card status from outside of the ,united ,states4 7,c7 ,extension ,if the ,secretary determines1 during the initial period described in subparagraph 7,a71 that additional time is required to process applications for blue card status or for another good cause1 the ,secretary may extend the period for accepting applications by an additional #ah months4 7#d7 ,application 7,a7 ,in general ,the application referred to in paragraph 7#a7 shall collect such information as the ,secretary determines necessary and appropriate4 7,b7 ,family application ,the ,secretary shall establish a process through which an alien may submit a single application under this section on behalf of the alien and his or her spouse and children who meet the requirements set forth in subsection 7a77#a77;,b74 7#e7 ,adjudication 7,a7 ,interview ,the ,secretary may interview applicants for blue card status to determine whether they meet the eligibility requirements set forth in this section4 7,b7 ,failure to submit sufficient evidence ,the ,secretary may deny an application for blue card status submitted by an alien who fails to submit evidence of the alien's eligibility for such status4 7,c7 ,notice ,if the ,secretary denies an application for blue card status1 the ,secretary shall-- 7i7 send a written notice to the applicant that provides the applicant with the basis for denial2 and 7ii7 provide the alien with an opportunity to cure the denial within a reasonable period4 7,d7 ,amended application ,an alien whose application for blue card status is denied under subparagraph 7,b7 may submit an amended application for such status to the ,secretary if the amended application-- 7i7 is submitted within the period described in paragraph 7#c72 and 7ii7 contains all the required information and fees that were missing from the initial application4 7,e7 ,additional procedures ,the ,secretary may utilize the procedures set forth in sections #ajc4b and #ajc4c of title #h1 ,code of ,federal ,regulations1 as in effect on the date of the enactment of this ,act1 to adjudicate requests for blue card status to the extent such procedures are consistent with the requirements under this section4 7#f7 ,evidence of blue card status 7,a7 ,in general ,the ,secretary shall issue documentary evidence of blue card status to each alien whose application for such status has been approved4 7,b7 ,documentation features ,documentary evidence provided under subparagraph 7,a7-- 7i7 shall be machine-readable and tamper-resistant2 7ii7 shall contain a digitized photograph2 7iii7 shall1 during the alien's authorized period of admission1 and any extension of such authorized admission1 serve as a valid travel and entry document for the purpose of applying for admission to the ,united ,states2 7iv7 may be accepted during the period of its validity by an employer as evidence of employment authorization and identity under section #bgd;,a7b77#a77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7b77#a77;,b772 and 7v7 shall include such other features and information as the ,secretary may prescribe4 7c7 ,special rules for blue card applicants and aliens eligible for blue card status 7#a7 ,aliens apprehended before or during the application period ,if an alien who is apprehended 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 7#c7 appears prima facie eligible for blue card status1 the ,secretary-- 7,a7 shall provide the alien with a reasonable opportunity to submit an application for such status under this section during such period2 and 7,b7 if such an application is submitted1 may not remove the individual until a final administrative determination is made on such application4 7#b7 ,aliens in removal proceedings ,notwithstanding any other provision of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 if an alien is in removal1 deportation1 or exclusion proceedings 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 subsection 7b77#c7 and is prima facie eligible for blue card status under this section1 upon motion by the ,secretary and with the consent of the alien or upon motion by the alien1 the ,executive ,office for ,immigration ,review shall-- 7,a7 terminate such proceedings without prejudice to future proceedings2 and 7,b7 permit the alien a reasonable opportunity to apply for such status4 7#c7 ,treatment of aliens previously ordered removed 7,a7 ,in general ,if an alien who meets the eligibility requirements set forth in subsection 7a7 is present in the ,united ,states and has been ordered excluded1 deported1 or removed1 or ordered to depart voluntarily from the ,united ,states under any provision of the ,immigration and ,nationality ,act-- 7i7 notwithstanding such order or section #bda7;a77#e7 of such ,act 7#h ,u4,s4,c4 #abca7;a77#e771 the alien may apply for blue card status under this section2 and 7ii7 if the alien is granted such status1 the alien may file a motion to reopen the exclusion1 deportation1 removal1 or voluntary departure order1 which motion shall be granted4 7,b7 ,limitations on motions to reopen ,the limitations on motions to reopen set forth in section #bdj7;c77#g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;a7c77#g77 shall not apply to motions filed under subparagraph 7,a77ii74 7#d7 ,period pending adjudication of application ,during the period beginning on the date on which an alien applies for blue card status under this section and ending on the date on which the ,secretary makes a final decision regarding such application1 the alien-- 7,a7 is eligible to apply for advance parole2 7,b7 may not be detained by the ,secretary or removed from the ,united ,states unless the ,secretary makes a prima facie determination that such alien is1 or has become1 ineligible for blue card status under subsection 7d77#b72 7,c7 shall not be considered unlawfully present under section #bab7;a77#i77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#i77;,b772 and 7,d7 shall not be considered an unauthorized alien 7as defined in section #bgd;,a7h77#c7 of such ,act 7#h ,u4,s4,c4 #acbd;a7h77#c7774 7#e7 ,effect of departure ,section #aja7;g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;g77 shall not apply to an alien granted-- 7,a7 advance parole under paragraph 7#d77;,a7 to reenter the ,united ,states2 or 7,b7 blue card status4 7#f7 ,protection from detention or removal during blue card status ,an alien granted blue card status under this section may not be detained by the ,secretary or removed from the ,united ,states unless-- 7,a7 the alien is removable under section #bcg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbg72 or 7,b7 the alien's blue card status has been revoked4 7#g7 ,duration of status ,no alien may remain in blue card status on or after the date that is #h years after the date on which regulations are published under subsection 7j74 7d7 ,required background investigations and ineligibility 7#a7 ,in general 7,a7 ,biometric and biographic data ,the ,secretary may not grant blue card 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 ,secretary4 7,b7 ,alternative procedures ,the ,secretary shall provide an alternative procedure for applicants who cannot provide the standard biometric data required under subparagraph 7,a7 because of a physical impairment4 7,c7 ,data collection ,the ,secretary shall collect1 from each alien applying for status under this section1 biometric1 biographic1 and other data that the ,secretary determines to be appropriate in order to conduct a background investigation and determine the alien's eligibility for blue card status4 7#b7 ,grounds for ineligibility 7,a7 ,in general ,except as provided in subparagraph 7,b71 an alien is ineligible for blue card status if the ,secretary determines that the alien-- 7i7 has a conviction for-- 7,i7 an offense classified as a felony in the convicting jurisdiction 7other than a ,state or local offense for which an essential element was the alien's immigration status1 or a violation of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq4772 7,,ii7 an aggravated felony 7as defined in section #aja7;a77#dc7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#dc77 at the time of the conviction72 7,,iii7 #c or more misdemeanor offenses 7other than minor traffic offenses or ,state or local offenses for which an essential element was the alien's immigration status1 or violations of the ,immigration and ,nationality ,act7 if the alien was convicted on different dates for each of the #c offenses2 7,,iv7 any offense under foreign law1 except for a purely political offense1 which1 if the offense had been committed in the ,united ,states1 would render the alien inadmissible under section #bab7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a771 excluding the paragraphs set forth in clause 7ii71 or removable under section #bcg7;a7 of such ,act 7#h ,u4,s4,c4 #abbg7;a771 except as provided in paragraph 7#c7 of such section #bcg7;a72 or 7,v7 unlawful voting 7as defined in section #bcg7;a77#f7 of such ,act 7#h ,u4,s4,c4 #abbg7;a77#f7772 7ii7 is inadmissible under section #bab7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a771 except that in determining an alien's inadmissibility-- 7,i7 paragraphs 7#d71 7#e71 7#g71 and 7#i77;,b7 of such section #bab7;a7 shall not apply2 7,,ii7 subparagraphs 7,a71 7,c71 7,d71 7,f71 and 7,g7 of such section #bab7;a77#f7 and paragraphs 7#i77;,c7 and 7#aj77;,b7 of such section #bab7;a7 shall not apply unless based on the act of unlawfully entering the ,united ,states after the date of the enactment of this ,act2 and 7,,iii7 paragraphs 7#f77;,b7 and 7#i77;,a7 of such section #bab7;a7 shall not apply unless the relevant conduct began on or after the date on which the alien files an application for registered provisional immigrant status under this section2 7iii7 is an alien who the ,secretary knows or has reasonable grounds to believe1 is engaged in1 or is likely after entry to engage in1 terrorist activity 7as defined in section #bab7;a77#c77;,b77iv7 of such ,act72 or 7iv7 was1 on the date of the enactment of this ,act-- 7,i7 an alien lawfully admitted for permanent residence2 or 7,,ii7 an alien admitted as a refugee under section #bjg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaeg7 or granted asylum under section #bjh of such ,act 7#h ,u4,s4,c4 #aaeh74 7,b7 ,waiver 7i7 ,in general ,the ,secretary may waive the application of subparagraph 7,a77i77,,iii7 or any provision of section #bab7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77 that is not listed in clause 7ii7 on behalf of an alien for humanitarian purposes1 to ensure family unity1 or if such a waiver is otherwise in the public interest4 ,any discretionary authority to waive grounds of inadmissibility under such section #bab7;a7 conferred under any other provision of the ,immigration and ,nationality ,act shall apply equally to aliens seeking blue card status under this section4 7ii7 ,exceptions ,the discretionary authority under clause 7i7 may not be used to waive-- 7,i7 subparagraph 7,b71 7,c71 7,d77ii71 7,e71 7,g71 7,h71 or 7,i7 of section #bab7;a77#b7 of the ,immigration and ,nationality ,act2 7,,ii7 section #bab7;a77#c7 of such ,act2 or 7,,iii7 subparagraph 7,a71 7,c71 7,d71 or 7,e7 of section #bab7;a77#aj7 of such ,act4 7,c7 ,conviction explained ,in this paragraph1 the term conviction does not include a judgment that has been expunged1 set aside1 or the equivalent4 7,d7 ,rule of construction ,nothing in this paragraph may be construed to require the ,secretary to commence removal proceedings against an alien4 7e7 ,fees and penalties 7#a7 ,standard processing fee ,aliens who are #af years of age or older and are applying for blue card status under this subsection1 or for an extension of such status1 shall pay a processing fee to the ,department of ,homeland ,security in an amount determined by the ,secretary4 7#b7 ,recovery of costs ,the processing fee authorized under paragraph 7#a7 shall be set at a level that is sufficient to recover the full costs of processing the application1 including any costs incurred-- 7,a7 to adjudicate the application2 7,b7 to take and process biometric data2 7,c7 to perform national security and criminal checks1 including adjudication2 7,d7 to prevent and investigate fraud2 and 7,e7 to administer the collection of such fee4 7#c7 ,authority to limit fees ,the ,secretary may issue regulations-- 7,a7 to limit the maximum processing fee payable under this subsection by a family1 including spouses and unmarried children who are younger than #ba years of age2 and 7,b7 to exempt defined classes of individuals from the payment of the fee required under paragraph 7#a74 7#d7 ,penalty ,in addition to the processing fee required under paragraph 7#a71 aliens applying for blue card status under this subsection who are #ba years of age or older shall pay a #ajj penalty to the ,department of ,homeland ,security4 7#e7 ,deposit and use of processing fees and penalties ,fees and penalties authorized under this subsection-- 7,a7 shall be deposited into the ,immigration ,examinations ,fee ,account pursuant to section #bhf7m7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acef7m772 and 7,b7 shall remain available until expended pursuant to section #bhf7n7 of such ,act4 7f7 ,terms and conditions of blue card status 7#a7 ,conditions of blue card status 7,a7 ,employment ,notwithstanding any other provision of law1 including section #bda7;a77#g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;a77#g771 an alien with blue card status shall be authorized to be employed in the ,united ,states while in such status4 7,b7 ,travel outside the united states ,an alien with blue card status-- 7i7 may travel outside of the ,united ,states1 including commuting to the ,united ,states from a residence in a foreign country2 and 7ii7 may be admitted upon returning to the ,united ,states without having to obtain a visa if-- 7,i7 the alien is in possession of-- 7aa7 valid1 unexpired documentary evidence of blue card status that complies with subsection 7b77#f77;,b72 or 7bb7 a travel document that has been approved by the ,secretary and was issued to the alien after the alien's original documentary evidence was lost1 stolen1 or destroyed2 7,,ii7 the alien's absence from the ,united ,states did not exceed #ahj days1 unless the alien's failure to timely return was due to extenuating circumstances beyond the alien's control2 and 7,,iii7 the alien establishes that he or she is not inadmissible under subparagraph 7,a77i71 7,a77iii71 7,b71 or 7,c7 of section #bab7;a77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#c774 7,c7 ,admission ,an alien granted blue card status shall be considered to have been admitted in such status as of the date on which the alien's application was submitted4 7,d7 ,clarification of status ,an alien granted blue card status shall be considered lawfully admitted to the ,united ,states4 7#b7 ,revocation 7,a7 ,in general ,the ,secretary may revoke blue card status at any time after providing appropriate notice to the alien1 and after the exhaustion or waiver of all applicable administrative review procedures1 if the alien-- 7i7 no longer meets the eligibility requirements for blue card status2 7ii7 knowingly used documentation issued under this section for an unlawful or fraudulent purpose2 or 7iii7 was absent from the ,united ,states for-- 7,i7 any single period longer than #ahj days in violation of the requirement under paragraph 7#a77;,b77ii77,,ii72 or 7,,ii7 more than #ahj days in the aggregate during any calendar year1 unless the alien's failure to timely return was due to extenuating circumstances beyond the alien's control4 7,b7 ,additional evidence 7i7 ,in general ,in determining whether to revoke an alien's status under subparagraph 7,a71 the ,secretary may require that the alien-- 7,i7 submit additional evidence2 and 7,,ii7 appear for an interview4 7ii7 ,effect of noncompliance ,the blue card status of an alien who fails to comply with any requirement imposed by the ,secretary under clause 7i7 shall be revoked unless the alien demonstrates to the ,secretary's satisfaction that such failure was reasonably excusable4 7,c7 ,invalidation of documentation ,if an alien's blue card status is revoked pursuant to subparagraph 7,a71 any documentation issued by the ,secretary to such alien under subsection 7b77#f7 shall automatically be rendered invalid for any purpose except for departure from the ,united ,states4 7#c7 ,ineligibility for public benefits ,an alien who has been granted blue card status is not eligible for the ,federal means-tested public benefits unavailable to qualified aliens under section #djc of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afac74 7#d7 ,treatment of blue card status ,an alien granted blue card status shall be considered lawfully present in the ,united ,states for all purposes while such alien remains in such status1 except that the alien-- 7,a7 is not entitled to the premium assistance tax credit authorized under section #cf;,b of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #cf;,b7 for his or her coverage2 7,b7 shall be subject to the rules applicable to individuals who are not lawfully present set forth in subsection 7e7 of such section2 7,c7 shall be subject to the rules applicable to individuals who are not lawfully present set forth in section #adjb7;e7 of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjga7;e772 and 7,d7 shall be subject to the rules applicable to individuals not lawfully present set forth in section #ejjj;,a7d77#c7 of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #ejjj;,a7d77#c774 7g7 ,provisions involving employers 7#a7 ,record of employment ,employers of aliens granted blue card status shall provide each such alien and the ,secretary with a written record of employment during each year that the alien remains in such status4 7#b7 ,civil penalties 7,a7 ,in general ,if the ,secretary determines1 after notice and an opportunity for a hearing1 that an employer of an alien granted blue card status has knowingly failed to provide the record of employment required under paragraph 7#a7 or has provided a false statement of material fact in such a record1 the employer shall be subject to a civil penalty in an amount not to exceed #ejj per violation4 7,b7 ,limitation ,the penalty under subparagraph 7,a7 for failure to provide employment records shall not apply unless the alien has provided the employer with evidence of employment authorization described in subsection 7b77#f74 7,c7 ,deposit of civil penalties ,civil penalties collected under this paragraph shall be deposited into the ,immigration ,examinations ,fee ,account pursuant to section #bhf7m7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acef7m774 7#c7 ,continuing employment ,an employer that knows that an alien employee is an applicant for blue card status or will apply for such status after the application period commences is not in violation of section #bgd;,a7a77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7a77#b77 if the employer continues to employ the alien pending the adjudication of the alien employee's application4 7#d7 ,employer protections 7,a7 ,use of employment records ,copies of employment records or other evidence of employment provided by an alien or by an alien's employer in support of an alien's application for blue card status may not be used in a civil or criminal prosecution or investigation of that employer under section #bgd;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7 or under the ,internal ,revenue ,code of #aihf for the prior unlawful employment of that alien regardless of the adjudication of such application or reconsideration by the ,secretary of such alien's prima facie eligibility determination4 ,employers that provide unauthorized aliens with copies of employment records or other evidence of employment pursuant to an application for blue card status shall not be subject to civil and criminal liability pursuant to such section #bgd;,a for employing such unauthorized aliens4 7,b7 ,limit on applicability ,the protections for employers and aliens under subparagraph 7,a7 shall not apply if the aliens or employers submit employment records that are determined to be fraudulent4 7h7 ,administrative and judicial review 7#a7 ,in general ,any administrative or judicial review of a determination regarding an application for blue card status shall comply with the requirements under this subsection4 7#b7 ,administrative review 7,a7 ,single level of appellate review ,the ,secretary shall establish an appellate authority to provide for a single level of administration appellate review of a final agency determination4 7,b7 ,standard for review ,an administrative appellate review established under subparagraph 7,a7 shall be based solely upon-- 7i7 the administrative record established at the time of the determination regarding the application2 and 7ii7 any additional or newly discovered evidence that was not available at the time of a final agency determination4 7#c7 ,judicial review ,judicial review of a determination under this section shall be limited to the review of an order of removal under section #bdb of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abeb74 7i7 ,disclosures and privacy 7#a7 ,prohibited disclosures ,except as otherwise provided in this subsection1 an officer or employee of any ,federal agency may not-- 7,a7 use the information furnished in an application for lawful status under this section or section #bde;,b of the ,immigration and ,nationality ,act1 as added by section #ajb1 for any purpose other than to make a determination on any application by the alien for any immigration benefit or protection2 7,b7 make any publication through which information furnished by any particular applicant can be identified2 or 7,c7 permit anyone other than the sworn officers1 employees1 and contractors of such agency or of another entity approved by the ,secretary to examine any individual application for lawful status under this section or such section #bde;,b4 7#b7 ,required disclosures ,the ,secretary shall provide the information furnished in an application filed under this section or section #bde;,b of the ,immigration and ,nationality ,act1 as added by section #ajb1 and any other information derived from such furnished information to-- 7,a7 a law enforcement agency1 intelligence agency1 national security agency1 a component of the ,department of ,homeland ,security1 court1 or grand jury1 consistent with law1 in connection with-- 7i7 a criminal investigation or prosecution of any felony not related to the applicant's immigration status2 or 7ii7 a national security investigation or prosecution2 and 7,b7 an official coroner for purposes of affirmatively identifying a deceased individual1 whether or not the death of such individual resulted from a crime4 7#c7 ,auditing and evaluation of information ,the ,secretary may-- 7,a7 audit and evaluate information furnished as part of any application filed under this section or section #bde;,b of the ,immigration and ,nationality ,act1 as added by section #ajb1 for purposes of identifying immigration fraud or fraud schemes2 and 7,b7 use any evidence detected by means of audits and evaluations for purposes of investigating1 prosecuting1 referring for prosecution1 or denying or terminating immigration benefits4 7#d7 ,privacy and civil liberties 7,a7 ,in general ,the ,secretary shall require1 in accordance with paragraph 7#a71 appropriate administrative and physical safeguards to protect the security1 confidentiality1 and integrity of personally identifiable information collected1 maintained1 and disseminated pursuant to this section and section #bde;,b of the ,immigration and ,nationality ,act1 as added by section #ajb4 7,b7 ,assessments ,notwithstanding the privacy requirements set forth in section #bbb of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #adb7 and the ,e-,government ,act of #bjjb 7,public ,law #ajg-cdg71 the ,secretary shall conduct a privacy impact assessment and a civil liberties impact assessment of the legalization program established under this section and section #bde;,b of the ,immigration and ,nationality ,act1 as added by section #ajb1 during the pendency of the final regulations to be issued pursuant to subsection 7j74 7j7 ,rulemaking ,not later than #a year after the date of the enactment of this ,act1 the ,secretary shall issue final regulations to implement this section4 #ajb4 ,adjustment to permanent resident status 7a7 ,in general ,chapter #e of title ,,ii 7#h ,u4,s4,c4 #abee et seq47 is amended by inserting after section #bde;,a the following3 #bde;,b4 ,adjustment to permanent resident status for agricultural workers 7a7 ,in general ,except as provided in subsection 7b71 and not earlier than #e years after the date of the enactment of the ,agricultural ,worker ,program ,act of #bjai1 the ,secretary shall adjust the status of an alien granted blue card status to that of an alien lawfully admitted for permanent residence if the ,secretary determines that the following requirements are satisfied3 7#a7 ,qualifying employment ,except as provided in paragraph 7#c71 the alien-- 7,a7 during the #h-year period beginning on the date of the enactment of the ,agricultural ,worker ,program ,act of #bjai1 performed not less than #ajj work days of agricultural employment during each of #e years2 or 7,b7 during the #e-year period beginning on such date of enactment1 performed not less than #aej work days of agricultural employment during each of #c years4 7#b7 ,evidence ,an alien demonstrates compliance with the requirement under paragraph 7#a7 by submitting to the ,secretary-- 7,a7 the alien's record of employment 7as required to be provided to the alien under section #aja7;g77#a7 of the ,agricultural ,worker ,program ,act of #bjai72 7,b7 documentation described in subsection 7e77#d72 or 7,c7 any other documentation designated by the ,secretary for such purpose4 7#c7 ,extraordinary circumstances 7,a7 ,in general ,in determining whether an alien has met the requirement under paragraph 7#a71 the ,secretary may credit the alien with not more than #ab additional months of agricultural employment in the ,united ,states to meet such requirement if the alien was unable to work in agricultural employment due to-- 7i7 pregnancy1 disabling injury1 or disease established by the alien through medical records2 7ii7 illness1 disease1 or other special needs of the alien's child established by the alien through medical records2 7iii7 severe weather conditions that prevented the alien from engaging in agricultural employment for a significant period2 or 7iv7 termination from agricultural employment1 if the ,secretary determines that-- 7,i7 the termination was without just cause2 and 7,,ii7 the alien was unable to find alternative agricultural employment after a reasonable job search4 7,b7 ,effect of determination ,a determination under subparagraph 7,a77iv71 with respect to an alien1 shall not be conclusive1 binding1 or admissible in a separate or subsequent judicial or administrative action or proceeding between the alien and a current or prior employer of the alien or any other party4 7#d7 ,application period ,the alien applies for adjustment of status before the expiration of the alien's blue card status4 7#e7 ,fine ,the alien pays a fine of #djj to the ,secretary1 which shall be deposited into the ,immigration ,examinations ,fee ,account pursuant to section #bhf7m74 7b7 ,grounds for denial of adjustment of status 7#a7 ,in general ,the ,secretary may not adjust the status of an alien granted blue card status if the alien-- 7,a7 is no longer eligible for blue card status2 or 7,b7 failed to perform the qualifying employment required under subsection 7a77#a71 after considering any amount credited by the ,secretary under subsection 7a77#c74 7#b7 ,maintenance of waivers of inadmissibility ,the grounds of inadmissibility set forth in section #bab7;a7 that were previously waived for the alien or made inapplicable shall not apply for purposes of the alien's adjustment of status under this section4 7#c7 ,pending revocation proceedings ,if the ,secretary has notified the applicant that the ,secretary intends to revoke the applicant's blue card status1 the ,secretary may not approve an application for adjustment of status under this section unless the ,secretary makes a final determination not to revoke the applicant's status4 7#d7 ,payment of taxes 7,a7 ,in general ,an alien may not file an application for adjustment of status under this section unless the applicant has satisfied all applicable ,federal tax liabilities4 7,b7 ,definition of applicable federal tax liability ,in this paragraph1 the term applicable ,federal tax liabilities means all ,federal income taxes assessed in accordance with chapter #fc of the ,internal ,revenue ,code of #aihf since the date on which the applicant was authorized to work in the ,united ,states in blue card status4 7,c7 ,compliance ,an alien may demonstrate compliance with subparagraph 7,a7 by submitting such documentation as the ,secretary1 in consultation with the ,secretary of the ,treasury1 may require by regulation4 7c7 ,spouses and children ,notwithstanding any other provision of law1 the ,secretary shall grant permanent resident status to the spouse or child of an alien whose status was adjusted under subsection 7a7 if-- 7#a7 the spouse or child 7including any individual who was a child on the date such alien was granted blue card status7 applies for or received such status2 7#b7 the principal alien includes the spouse and children in an application for adjustment of status to that of a lawful permanent resident2 and 7#c7 the spouse or child is not ineligible for such status4 7d7 ,numerical limitations ,the numerical limitations under sections #bja and #bjb shall not apply to the adjustment of aliens to lawful permanent resident status under this section4 7e7 ,submission of applications 7#a7 ,interview ,the ,secretary may interview applicants for adjustment of status under this section to determine whether the alien meets the eligibility requirements set forth in this section4 7#b7 ,fees 7,a7 ,in general ,applicants for adjustment of status under this section shall pay a processing fee to the ,secretary in an amount that will ensure the recovery of the full costs of adjudicating such applications1 including-- 7i7 the cost of taking and processing biometric data2 7ii7 expenses relating to prevention and investigation of fraud2 and 7iii7 costs relating to the collection of such fee4 7,b7 ,authority to limit fees ,the ,secretary may promulgate regulations-- 7i7 to limit the maximum processing fee payable under this paragraph by a family1 including spouses and children2 and 7ii7 to exempt defined classes of individuals from the payment of the fee under subparagraph 7,a74 7#c7 ,disposition of fees ,all fees collected under paragraph 7#b77;,a7-- 7,a7 shall be deposited into the ,immigration ,examinations ,fee ,account pursuant to section #bhf7m72 and 7,b7 shall remain available until expended pursuant to section #bhf7n74 7#d7 ,documentation of work history 7,a7 ,burden of proof ,an alien applying for blue card status under section #aja of the ,agricultural ,worker ,program ,act of #bjai1 or for adjustment of status under subsection 7a71 shall provide evidence that the alien has worked the requisite number of hours or days required under subsection 7a77#a7 of such section #aja or subsection 7a77#a7 of this section1 as applicable4 7,b7 ,timely production of records ,if an employer or farm labor contractor employing such an alien has kept proper and adequate records respecting such employment1 the alien's burden of proof under subparagraph 7,a7 may be met by securing timely production of those records under regulations to be promulgated by the ,secretary4 7,c7 ,sufficient evidence ,an alien may meet the burden of proof under subparagraph 7,a7 to establish that the alien has performed the days or hours of work referred to in subparagraph 7,a7 by producing sufficient evidence to show the extent of that employment as a matter of just and reasonable inference4 7f7 ,penalties for false statements in applications 7#a7 ,criminal penalty ,any person who-- 7,a7 files an application for blue card status under section #aja of the ,agricultural ,worker ,program ,act of #bjai or for an adjustment of status under this section and knowingly and willfully falsifies1 conceals1 or covers up a material fact or makes any false1 fictitious1 or fraudulent statements or representations1 or makes or uses any false writing or document knowing the same to contain any false1 fictitious1 or fraudulent statement or entry2 or 7,b7 creates or supplies a false writing or document for use in making such an application1 shall be fined in accordance with title #ah1 ,united ,states ,code1 imprisoned not more than #e years1 or both4 7#b7 ,inadmissibility ,an alien who is convicted of a crime described in paragraph 7#a7 shall be deemed inadmissible to the ,united ,states under section #bab7;a77#f77;,c77i74 7#c7 ,deposit ,fines collected under paragraph 7#a7 shall be deposited into the ,immigration ,examinations ,fee ,account pursuant to section #bhf7m74 7g7 ,eligibility for legal services ,section #ejd7;a77#aa7 of the ,departments of ,commerce1 ,justice1 and ,state1 the ,judiciary1 and ,related ,agencies ,appropriations ,act1 #aiif 7,public ,law #ajd-acd2 #aaj ,stat4 #acba-ee7 may not be construed to prevent a recipient of funds under the ,legal ,services ,corporation ,act 7#db ,u4,s4,c4 #biif et seq47 from providing legal assistance directly related to-- 7#a7 an application for blue card status under section #aja of the ,agricultural ,worker ,program ,act of #bjai to an individual seeking such status2 or 7#b7 an application for an adjustment to permanent residence status under this section4 7h7 ,administrative and judicial review ,aliens applying for blue card status under section #aja of the ,agricultural ,worker ,program ,act of #bjai or for adjustment to permanent resident status under this section shall be entitled to the rights and subject to the conditions applicable to other classes of aliens under section #bdb4 4 7b7 ,conforming amendment ,section #bja7;b77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea7;b77#a77 is amended-- 7#a7 by redesignating subparagraph 7,e7 as subparagraph 7,f72 and 7#b7 by inserting after subparagraph 7,d7 the following3 7,e7 ,aliens granted lawful permanent resident status under section #bde;,b4 4 7c7 ,clerical amendment ,the table of contents of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja note7 is amended by inserting after the item relating to section #bde;,a the following3 ,sec4 #bde;,b4 ,adjustment to permanent resident status for agricultural workers4 4 #ajc4 ,use of information ,beginning not later than the first day of the application period described in section #aja7;b77#c71 the ,secretary1 in cooperation with qualified designated entities1 shall broadly disseminate information regarding-- 7#a7 the benefits that aliens may receive under this title and the amendments made by this title2 and 7#b7 the requirements that an alien is required to meet to receive such benefits4 #ajd4 ,reports on blue cards ,not later than #f months after the publication of the final rule under section #aja7;j71 and annually thereafter for the following #h years1 the ,secretary shall submit a report to ,congress that identifies1 for the previous fiscal year-- 7#a7 the number of aliens who applied for blue card status2 7#b7 the number of aliens who were granted blue card status2 7#c7 the number of aliens who applied for an adjustment of status pursuant to section #bde;,b7a7 of the ,immigration and ,nationality ,act1 as added by section #ajb2 and 7#d7 the number of aliens who received an adjustment of status pursuant such section #bde;,b7a74 #aje4 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary such amounts as may be necessary to implement this title1 including any amounts needed for costs associated with the initiation of such implementation during fiscal years #bjai and #bjbj4 ,,ii ,correction of ,social ,security records #bja4 ,correction of ,social ,security records 7a7 ,in general ,section #bjh7;e77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #djh7;e77#a77 is amended-- 7#a7 in subparagraph 7,b77ii71 by striking or at the end2 7#b7 in subparagraph 7,c71 by adding or at the end2 7#c7 by inserting after subparagraph 7,c7 the following3 7,d7 who is granted blue card status under section #aja of the ,agricultural ,worker ,program ,act of #bjai1 2 and 7#d7 in the undesignated matter following subparagraph 7,d71 as added by paragraph 7#c71 by striking #aiij4 and inserting #aiij1 or in the case of an alien described in subparagraph 7,d71 if such conduct is alleged to have occurred before the date on which the alien was granted blue card status under section #aja7;a7 of the ,agricultural ,worker ,program ,act of #bjai44 7b7 ,effective date ,the amendments made by subsection 7a7 shall take effect on the first day of the seventh month that begins after the date of the enactment of this ,act4 ,,iii ,definitions #cja4 ,definitions ,in this ,act3 7#a7 ,agricultural employment ,the term agricultural employment has the meaning given such term in section #c of the ,migrant and ,seasonal ,agricultural ,worker ,protection ,act 7#bi ,u4,s4,c4 #ahjb71 without regard to whether the specific service or activity is temporary or seasonal4 7#b7 ,blue card status ,the term blue card status means the status of an alien who has been lawfully admitted into the ,united ,states for temporary residence under section #aja4 7#c7 ,child ,the term child has the meaning given such term in section #aja7;b77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;b77#a774 7#d7 ,continuous presence ,an alien shall be deemed to have maintained continuous presence in the ,united ,states for purposes of section #aja7;a77#a77;,b77iii7 if any absences from the ,united ,states during the applicable period were brief1 casual1 and innocent1 whether or not such absences were authorized by the ,secretary4 7#e7 ,employer ,the term employer means any person or entity1 including any farm labor contractor and any agricultural association1 that employs workers in agricultural employment4 7#f7 ,qualified designated entity ,the term qualified designated entity means-- 7,a7 a qualified farm labor organization or an association of employers designated by the ,secretary2 or 7,b7 any other entity that the ,secretary designates as having substantial experience1 demonstrated competence1 and a history of long-term involvement in the preparation and submission of application for adjustment of status under title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea et seq474 7#g7 ,qualified work ,the term qualified work means work performed in agricultural employment in the ,united ,states for not fewer than #ege hours or #ajj work days during the #b-year period ending on the date of the enactment of this ,act4 7#h7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 7#i7 ,work day ,the term work day means any day in which the individual is employed #e4ge or more hours in agricultural employment4