[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1034 Introduced in Senate (IS)]
<DOC>
115th CONGRESS
1st Session
S. 1034
To improve agricultural job opportunities, benefits, and security for
aliens in the United States, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 3, 2017
Mrs. Feinstein (for herself, Mr. Leahy, Mr. Bennet, Ms. Hirono, and Ms.
Harris) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To improve agricultural job opportunities, benefits, and security for
aliens in the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Agricultural
Worker Program Act of 2017''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL WORKERS
Sec. 101. Blue card status.
Sec. 102. Adjustment to permanent resident status.
Sec. 103. Use of information.
Sec. 104. Reports on blue cards.
Sec. 105. Authorization of appropriations.
TITLE II--CORRECTION OF SOCIAL SECURITY RECORDS
Sec. 201. Correction of Social Security records.
TITLE III--DEFINITIONS
Sec. 301. Definitions.
TITLE I--PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL WORKERS
SEC. 101. BLUE CARD STATUS.
(a) Requirements for Blue Card Status.--Notwithstanding any other
provision of law, the Secretary, may grant blue card status to an alien
who--
(1)(A) has completed qualified work;
(B)(i) is the spouse or child of an alien described in
subparagraph (A);
(ii) was physically present in the United States on or
before the date of the enactment of this Act; and
(iii) has maintained continuous presence in the United
States from that date until the date on which the alien is
granted blue card status; or
(C) is, or has been, a nonimmigrant alien admitted to the
United States for agricultural employment described in section
101(a)(15)(H)(ii)(a) of such Act who has completed qualified
work;
(2) is not ineligible under subsection (d)(2);
(3) submits a completed application before the end of the
period set forth in subsection (b)(3);
(4) passes the national security and law enforcement
clearances required under subsection (d)(1) to the satisfactory
of the Secretary; and
(5) pays the required processing fees and penalties in
accordance with subsection (e).
(b) Application.--
(1) Submission requirements.--An alien described in
subsection (a)(1) who is seeking blue card status shall submit
an application--
(A) to the Secretary, with the assistance of an
attorney or a nonprofit religious, charitable, social
service, or similar organization recognized by the
Board of Immigration Appeals under section 292.2 of
title 8, Code of Federal Regulations; or
(B) to a qualified entity if the applicant consents
to the forwarding of the application to the Secretary.
(2) Evidence of application filing.--As soon as practicable
after receiving each application for blue card status under
paragraph (1), the Secretary shall provide the applicant with a
document acknowledging the receipt of such application.
(3) Application period.--
(A) Initial period.--Except as provided in
subparagraphs (B) and (C), the Secretary shall accept
applications for blue card status from aliens in the
United States during the 18-month period beginning on
the date on which the final rule is published in the
Federal Register pursuant to subsection (j).
(B) Exception.--Aliens described in subsection
(a)(1)(C) may apply for blue card status from outside
of the United States.
(C) Extension.--If the Secretary determines, during
the initial period described in subparagraph (A), that
additional time is required to process applications for
blue card status or for other good cause, the Secretary
may extend the period for accepting applications for an
additional 18 months.
(4) Application.--
(A) In general.--The application form referred to
in paragraph (1) shall collect such information as the
Secretary determines necessary and appropriate.
(B) 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 (a)(1)(B).
(5) Adjudication.--
(A) Interview.--The Secretary may interview
applicants for blue card status to determine whether
they meet the eligibility requirements set forth in
this section.
(B) 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 status.
(C) Notice.--If the Secretary denies an application
for blue card status, the Secretary shall--
(i) send a written notice to the applicant
that provides the applicant with the basis for
denial; and
(ii) provide the alien with an opportunity
to cure the denial within a reasonable time.
(D) Amended application.--An alien whose
application for blue card status is denied under
subparagraph (B) may submit an amended application for
such status to the Secretary if the amended
application--
(i) is submitted within the application
period described in paragraph (3); and
(ii) contains all the required information
and fees that were missing from the initial
application.
(E) Additional procedures.--The Secretary may
utilize the procedures set forth in sections 103.2 and
103.3 of title 8, Code of Federal Regulations, as in
effect on the date of the enactment of this Act, to
adjudicate requests for blue card status to the extent
such procedures are consistent with the requirements
under this section.
(6) Evidence of blue card status.--
(A) In general.--The Secretary shall issue
documentary evidence of blue card status to each alien
whose application for such status has been approved.
(B) Documentation features.--Documentary evidence
provided under subparagraph (A)--
(i) shall be machine-readable and tamper-
resistant;
(ii) shall contain a digitized photograph;
(iii) shall, during the alien's authorized
period of admission, and any extension of such
authorized admission, serve as a valid travel
and entry document for the purpose of applying
for admission to the United States;
(iv) may be accepted during the period of
its validity by an employer as evidence of
employment authorization and identity under
section 274A(b)(1)(B) of the Immigration and
Nationality Act (8 U.S.C. 1324a(b)(1)(B)); and
(v) shall include such other features and
information as the Secretary may prescribe.
(c) Special Rules for Blue Card Applicants and Aliens Eligible for
Blue Card Status.--
(1) 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 (3), appears prima facie eligible for blue card
status, the Secretary--
(A) shall provide the alien with a reasonable
opportunity to submit an application for such status
under this section during such application period; and
(B) may not remove the individual until a final
administrative determination is made on the
application.
(2) Aliens in removal proceedings.--Notwithstanding any
other provision of the Immigration and Nationality Act (8
U.S.C. 1101 et seq.) if an alien is in removal, deportation, or
exclusion 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 (b)(3) and is prima
facie eligible for blue card status under this section, upon
motion by the Secretary and with the consent of the alien or
upon motion by the alien, the Executive Office for Immigration
Review shall--
(A) terminate such proceedings without prejudice to
future proceedings; and
(B) permit the alien a reasonable opportunity to
apply for such status.
(3) Treatment of aliens previously ordered removed.--
(A) In general.--If an alien who meets the
eligibility requirements set forth in subsection (a) is
present in the United States and has been ordered
excluded, deported, or removed, or ordered to depart
voluntarily from the United States under any provision
of the Immigration and Nationality Act--
(i) notwithstanding such order or section
241(a)(5) of the Immigration and Nationality
Act (8 U.S.C. 1231(a)(5)), the alien may apply
for blue card status under this section; and
(ii) if the alien is granted such status,
the alien may file a motion to reopen the
exclusion, deportation, removal, or voluntary
departure order, which motion shall be granted.
(B) Limitations on motions to reopen.--The
limitations on motions to reopen set forth in section
240(c)(7) of the Immigration and Nationality Act (8
U.S.C. 1229a(c)(7)) shall not apply to motions filed
under subparagraph (A)(ii).
(4) 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
application, the alien--
(A) is eligible to apply for advance parole;
(B) may not be detained by the Secretary or removed
from the United States unless the Secretary makes a
prima facie determination that such alien is, or has
become, ineligible for blue card status under
subsection (d)(2);
(C) shall not be considered unlawfully present
under section 212(a)(9)(B) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(9)(B)); and
(D) shall not be considered an unauthorized alien
(as defined in section 274A(h)(3) of the Immigration
and Nationality Act (8 U.S.C. 1324a(h)(3))).
(5) Effect of departure.--Section 101(g) of the Immigration
and Nationality Act (8 U.S.C. 1101(g)) shall not apply to an
alien granted--
(A) advance parole under paragraph (4)(A) to
reenter the United States; or
(B) blue card status.
(6) 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--
(A) the alien is removable under 237 of the
Immigration and Nationality Act (8 U.S.C. 1227); or
(B) the alien's blue card status has been revoked.
(7) Duration of status.--Beginning on the date that is
eight years after the date on which regulations are published
under subsection (j), no alien may remain in blue card status.
(d) Required Background Investigations and Ineligibility.--
(1) In general.--
(A) 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
Secretary.
(B) Alternative procedures.--The Secretary shall
provide an alternative procedure for applicants who
cannot provide the standard biometric data required
under subparagraph (A) because of a physical
impairment.
(C) Data collection.--The Secretary shall collect,
from each alien applying for status under this section,
biometric, biographic, and other data that the
Secretary determines to be appropriate in order to
conduct a background investigation and determine the
alien's eligibility for blue card status.
(2) Grounds for ineligibility.--
(A) In general.--Except as provided in subparagraph
(B), an alien is ineligible for blue card status if the
Secretary determines that the alien--
(i) has a conviction for--
(I) an offense classified as a
felony in the convicting jurisdiction
(other than a State or local offense
for which an essential element was the
alien's immigration status, or a
violation of the Immigration and
Nationality Act (8 U.S.C. 1101 et
seq.));
(II) an aggravated felony (as
defined in section 101(a)(43) of the
Immigration and Nationality Act (8
U.S.C. 1101(a)(43)) at the time of the
conviction);
(III) three or more misdemeanor
offenses (other than minor traffic
offenses or State or local offenses for
which an essential element was the
alien's immigration status, or
violations of the Immigration and
Nationality Act) if the alien was
convicted on different dates for each
of the 3 offenses;
(IV) any offense under foreign law,
except for a purely political offense,
which, if the offense had been
committed in the United States, would
render the alien inadmissible under
section 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)),
excluding the paragraphs set forth in
clause (ii), or removable under section
237(a) of such Act (8 U.S.C. 1227(a)),
except as provided in paragraph (3) of
such section 237(a); or
(V) unlawful voting (as defined in
section 237(a)(6) of the Immigration
and Nationality Act (8 U.S.C.
1227(a)(6)));
(ii) is inadmissible under section 212(a)
of the Immigration and Nationality Act (8
U.S.C. 1182(a)), except that in determining an
alien's inadmissibility--
(I) paragraphs (4), (5), (7), and
(9)(B) of such section 212(a) shall not
apply;
(II) subparagraphs (A), (C), (D),
(F), and (G) of such section 212(a)(6)
and paragraphs (9)(C) and (10)(B) of
such section 212(a) shall not apply
unless based on the act of unlawfully
entering the United States after the
date of the enactment of this Act; and
(III) paragraphs (6)(B) and (9)(A)
of such section 212(a) shall not apply
unless the relevant conduct began on or
after the date on which the alien files
an application for registered
provisional immigrant status under this
section;
(iii) is an alien who the Secretary knows
or has reasonable grounds to believe, is
engaged in or is likely to engage after entry
in any terrorist activity (as defined in
section 212(a)(3)(B)(iv) of such Act); or
(iv) was, on the date of the enactment of
this Act--
(I) an alien lawfully admitted for
permanent residence; or
(II) an alien admitted as a refugee
under section 207 of the Immigration
and Nationality Act (8 U.S.C. 1157) or
granted asylum under section 208 of
such Act (8 U.S.C. 1158).
(B) Waiver.--
(i) In general.--The Secretary may waive
the application of subparagraph (A)(i)(III) or
any provision of section 212(a) of the
Immigration and Nationality Act (8 U.S.C.
1182(a)) that is not listed in clause (ii) on
behalf of an alien for humanitarian purposes,
to ensure family unity, or if such a waiver is
otherwise in the public interest. Any
discretionary authority to waive grounds of
inadmissibility under such section 212(a)
conferred under any other provision of the
Immigration and Nationality Act shall apply
equally to aliens seeking blue card status
under this section.
(ii) Exceptions.--The discretionary
authority under clause (i) may not be used to
waive--
(I) subparagraph (B), (C), (D)(ii),
(E), (G), (H), or (I) of section
212(a)(2) of such Act;
(II) section 212(a)(3) of such Act;
or
(III) subparagraph (A), (C), (D),
or (E) of section 212(a)(10) of such
Act.
(C) Conviction explained.--For purposes of this
paragraph, the term ``conviction'' does not include a
judgment that has been expunged, set aside, or the
equivalent.
(D) Rule of construction.--Nothing in this
paragraph may be construed to require the Secretary to
commence removal proceedings against an alien.
(e) Fees and Penalties.--
(1) Standard processing fee.--Aliens 16 years of age or
older who are applying for blue card status under this
subsection, or for an extension of such status, shall pay a
processing fee to the Department of Homeland Security in an
amount determined by the Secretary.
(2) Recovery of costs.--The processing fee authorized under
paragraph (1) shall be set at a level that is sufficient to
recover the full costs of processing the application, including
any costs incurred--
(A) to adjudicate the application;
(B) to take and process biometric data;
(C) to perform national security and criminal
checks, including adjudication;
(D) to prevent and investigate fraud; and
(E) to administer the collection of such fee.
(3) Authority to limit fees.--The Secretary may issue
regulations--
(A) to limit the maximum processing fee payable
under this subsection by a family, including spouses
and unmarried children younger than 21 years of age;
and
(B) to exempt defined classes of individuals from
the payment of the fee required under paragraph (1).
(4) Penalty.--In addition to the processing fee required
under paragraph (1), aliens applying for blue card status under
this subsection who are 21 years of age or older shall pay a
$100 penalty to the Department of Homeland Security.
(5) Deposit and use of processing fees and penalties.--Fees
and penalties authorized under this subsection--
(A) shall be deposited into the Immigration
Examinations Fee Account pursuant to section 286(m) of
the Immigration and Nationality Act (8 U.S.C. 1356(m));
and
(B) shall remain available until expended pursuant
to section 286(n) of such Act.
(f) Terms and Conditions of Blue Card Status.--
(1) Conditions of blue card status.--
(A) Employment.--Notwithstanding any other
provision of law, including section 241(a)(7) of the
Immigration and Nationality Act (8 U.S.C. 1231(a)(7)),
an alien with blue card status shall be authorized to
be employed in the United States while in such status.
(B) Travel outside the united states.--An alien
with blue card status--
(i) may travel outside of the United
States, including commuting to the United
States from a residence in a foreign country;
and
(ii) may be admitted upon returning to the
United States without having to obtain a visa
if--
(I) the alien is in possession of--
(aa) valid, unexpired
documentary evidence of blue
card status that complies with
subsection (b)(6)(B); or
(bb) a travel document that
has been approved by the
Secretary and was issued to the
alien after the alien's
original documentary evidence
was lost, stolen, or destroyed;
(II) the alien's absence from the
United States did not exceed 180 days,
unless the alien's failure to timely
return was due to extenuating
circumstances beyond the alien's
control; and
(III) the alien establishes that he
or she is not inadmissible under
subparagraph (A)(i), (A)(iii), (B), or
(C) of section 212(a)(3) of the
Immigration and Nationality Act (8
U.S.C. 1182(a)(3)).
(C) 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 submitted.
(D) Clarification of status.--An alien granted blue
card status shall be considered lawfully admitted to
the United States.
(2) Revocation.--
(A) In general.--The Secretary may revoke blue card
status at any time after providing appropriate notice
to the alien, and after the exhaustion or waiver of all
applicable administrative review procedures if the
alien--
(i) no longer meets the eligibility
requirements for blue card status;
(ii) knowingly used documentation issued
under this section for an unlawful or
fraudulent purpose; or
(iii) was absent from the United States
for--
(I) any single period longer than
180 days in violation of the
requirement under paragraph
(1)(B)(ii)(II); or
(II) for more than 180 days in the
aggregate during any calendar year,
unless the alien's failure to timely
return was due to extenuating
circumstances beyond the alien's
control.
(B) Additional evidence.--
(i) In general.--In determining whether to
revoke an alien's status under subparagraph
(A), the Secretary may require the alien--
(I) to submit additional evidence;
and
(II) to appear for an interview.
(ii) Effect of noncompliance.--The blue
card status of an alien who fails to comply
with any requirement imposed by the Secretary
under clause (i) shall be revoked unless the
alien demonstrates to the Secretary's
satisfaction that such failure was reasonably
excusable.
(C) Invalidation of documentation.--If an alien's
blue card status is revoked pursuant to subparagraph
(A), any documentation issued by the Secretary to such
alien under subsection (b)(6) shall automatically be
rendered invalid for any purpose except for departure
from the United States.
(3) 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 403 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613).
(4) 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
status, except that the alien--
(A) is not entitled to the premium assistance tax
credit authorized under section 36B of the Internal
Revenue Code of 1986 (26 U.S.C. 36B) for his or her
coverage;
(B) shall be subject to the rules applicable to
individuals who are not lawfully present set forth in
subsection (e) of such section;
(C) shall be subject to the rules applicable to
individuals who are not lawfully present set forth in
section 1402(e) of the Patient Protection and
Affordable Care Act (42 U.S.C. 18071(e)); and
(D) shall be subject to the rules applicable to
individuals not lawfully present set forth in section
5000A(d)(3) of the Internal Revenue Code of 1986 (26
U.S.C. 5000A(d)(3)).
(g) Provisions Involving Employers.--
(1) Record of employment.--Employers of aliens granted blue
card status shall provide the alien and the Secretary with a
written record of employment each year the alien remains in
such status.
(2) Civil penalties.--
(A) In general.--If the Secretary determines, after
notice and an opportunity for a hearing, that an
employer of an alien granted blue card status has
knowingly failed to provide the record of employment
required under paragraph (1) or has provided 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 $500 per violation.
(B) Limitation.--The penalty under subparagraph (A)
for failure to provide employment records shall not
apply unless the alien has provided the employer with
evidence of employment authorization described in
subsection (b)(11).
(C) Deposit of civil penalties.--Civil penalties
collected under this paragraph shall be deposited into
the Immigration Examinations Fee Account pursuant to
section 286(m) of the Immigration and Nationality Act
(8 U.S.C. 1356(m)).
(3) Continuing employment.--An employer that knows an alien
employee is an applicant for blue card status or will apply for
such status once the application period commences is not in
violation of section 274A(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1324a(a)(2)) if the employer
continues to employ the alien pending the adjudication of the
alien employee's application.
(4) Employer protections.--
(A) 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 274A of
the Immigration and Nationality Act (8 U.S.C. 1324a) or
the Internal Revenue Code of 1986 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
determination. 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 274A for
employing such unauthorized aliens.
(B) Limit on applicability.--The protections for
employers and aliens under subparagraph (A) shall not
apply if the aliens or employers submit employment
records that are determined to be fraudulent.
(h) Administrative and Judicial Review.--
(1) In general.--Any administrative or judicial review of a
determination regarding an application for blue card status
shall comply with the requirements under this subsection.
(2) Administrative review.--
(A) 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 determination.
(B) Standard for review.--An administrative
appellate review established under subparagraph (A)
shall be based solely upon--
(i) the administrative record established
at the time of the determination regarding the
application; and
(ii) any additional or newly discovered
evidence that was not available at the time of
a final agency determination.
(3) Judicial review.--Judicial review of a determination
under this section shall be limited to the review of an order
of removal under section 242 of the Immigration and Nationality
Act (8 U.S.C. 1252).
(i) Disclosures and Privacy.--
(1) Prohibited disclosures.--Except as otherwise provided
in this subsection, no officer or employee of any Federal
agency may--
(A) use the information furnished in an application
for lawful status under this section or section 245B of
the Immigration and Nationality Act, as added by
section 102, for any purpose other than to make a
determination on any application by the alien for any
immigration benefit or protection;
(B) make any publication through which information
furnished by any particular applicant can be
identified; or
(C) permit anyone other than the sworn officers,
employees, 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 245B.
(2) Required disclosures.--The Secretary shall provide the
information furnished in an application filed under this
section or section 245B of the Immigration and Nationality Act,
as added by section 102, and any other information derived from
such furnished information to--
(A) a law enforcement agency, intelligence agency,
national security agency, a component of the Department
of Homeland Security, court, or grand jury, consistent
with law, in connection with--
(i) a criminal investigation or prosecution
of any felony not related to the applicant's
immigration status; or
(ii) a national security investigation or
prosecution; and
(B) an official coroner for purposes of
affirmatively identifying a deceased individual,
whether or not the death of such individual resulted
from a crime.
(3) Auditing and evaluation of information.--The Secretary
may--
(A) audit and evaluate information furnished as
part of any application filed under this section or
section 245B of the Immigration and Nationality Act, as
added by section 102, for purposes of identifying
immigration fraud or fraud schemes; and
(B) use any evidence detected by means of audits
and evaluations for purposes of investigating,
prosecuting, referring for prosecution, or denying or
terminating immigration benefits.
(4) Privacy and civil liberties.--
(A) In general.--The Secretary, in accordance with
paragraph (1), shall require appropriate administrative
and physical safeguards to protect the security,
confidentiality, and integrity of personally
identifiable information collected, maintained, and
disseminated pursuant to this section and section 245B
of the Immigration and Nationality Act, as added by
section 102.
(B) Assessments.--Notwithstanding the privacy
requirements set forth in section 222 of the Homeland
Security Act (6 U.S.C. 142) and the E-Government Act of
2002 (Public Law 107-347), the Secretary shall conduct
a privacy impact assessment and a civil liberties
impact assessment of the legalization program
established under this section and section 245B of the
Immigration and Nationality Act during the pendency of
the final regulations to be issued pursuant to
subsection (j).
(j) Rulemaking.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall issue final regulations to
implement this section.
SEC. 102. ADJUSTMENT TO PERMANENT RESIDENT STATUS.
(a) In General.--Chapter 5 of title II (8 U.S.C. 1255 et seq.) is
amended by inserting after section 245A the following:
``SEC. 245B. ADJUSTMENT TO PERMANENT RESIDENT STATUS FOR AGRICULTURAL
WORKERS.
``(a) In General.--Except as provided in subsection (b), and not
earlier than 5 years after the date of the enactment of the
Agricultural Worker Program Act of 2017, 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 satisfied:
``(1) Qualifying employment.--Except as provided in
paragraph (3), the alien--
``(A) during the 8-year period beginning on the
date of the enactment of the Agricultural Worker
Program Act of 2017, performed not less than 100 work
days of agricultural employment during each of 5 years;
or
``(B) during the 5-year period beginning on such
date of enactment, performed not less than 150 work
days of agricultural employment during each of 3 years.
``(2) Evidence.--An alien may demonstrate compliance with
the requirement under paragraph (1) by submitting to the
Secretary--
``(A) the alien's record of employment (as
described in section 101(d) of the Agricultural Worker
Program Act of 2017);
``(B) documentation that may be submitted under
subsection (e)(4); or
``(C) any other documentation designated by the
Secretary for such purpose.
``(3) Extraordinary circumstances.--
``(A) In general.--In determining whether an alien
has met the requirement under paragraph (1), the
Secretary may credit the alien with not more than 12
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--
``(i) pregnancy, disabling injury, or
disease established by the alien through
medical records;
``(ii) illness, disease, or other special
needs of the alien's child established by the
alien through medical records;
``(iii) severe weather conditions that
prevented the alien from engaging in
agricultural employment for a significant
period; or
``(iv) termination from agricultural
employment, if the Secretary determines that--
``(I) the termination was without
just cause; and
``(II) the alien was unable to find
alternative agricultural employment
after a reasonable job search.
``(B) Effect of determination.--A determination
under subparagraph (A)(iv), with respect to an alien,
shall not be conclusive, binding, 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 party.
``(4) Application period.--The alien applies for adjustment
of status before the expiration of the alien's blue card
status.
``(5) Fine.--The alien pays a fine of $400 to the
Secretary, which shall be deposited into the Immigration
Examinations Fee Account pursuant to section 286(m).
``(b) Grounds for Denial of Adjustment of Status.--
``(1) In general.--The Secretary may not adjust the status
of an alien granted blue card status if the alien--
``(A) is no longer eligible for blue card status;
or
``(B) failed to perform the qualifying employment
required under subsection (a)(1), after considering any
amount credited by the Secretary under subsection
(a)(3).
``(2) Maintenance of waivers of inadmissibility.--The
grounds of inadmissibility set forth in section 212(a) that
were previously waived for the alien or made inapplicable shall
not apply for purposes of the alien's adjustment of status
under this section.
``(3) Pending revocation proceedings.--If the Secretary has
notified the applicant that the Secretary intends to revoke the
applicant's blue card status, 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 status.
``(4) Payment of taxes.--
``(A) In general.--An alien may not file an
application for adjustment of status under this section
unless the applicant has satisfied any applicable
federal tax liability.
``(B) Definition of applicable federal tax
liability.--In this paragraph, the term `applicable
federal tax liability' means all Federal income taxes
assessed in accordance with section 6203 of the
Internal Revenue Code of 1986 since the date on which
the applicant was authorized to work in the United
States in blue card status.
``(C) Compliance.--An alien may demonstrate
compliance with subparagraph (A) by submitting such
documentation as the Secretary, in consultation with
the Secretary of the Treasury, may require by
regulation.
``(c) Spouses and Children.--Notwithstanding any other provision of
law, the Secretary shall grant permanent resident status to the spouse
or child of an alien whose status was adjusted under subsection (a)
if--
``(1) the spouse or child (including any individual who was
a child on the date such alien was granted blue card status)
applies for or received such status;
``(2) the principal alien includes the spouse and children
in an application for adjustment of status to that of a lawful
permanent resident; and
``(3) the spouse or child is not ineligible for such
status.
``(d) Numerical Limitations.--The numerical limitations under
sections 201 and 202 shall not apply to the adjustment of aliens to
lawful permanent resident status under this section.
``(e) Submission of Applications.--
``(1) Interview.--The Secretary may interview applications
for adjustment of status under this section to determine
whether the alien meets the eligibility requirements set forth
in this section.
``(2) Fees.--
``(A) 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
applications, including--
``(i) the cost of taking and processing
biometric data;
``(ii) expenses relating to prevention and
investigation of fraud; and
``(iii) costs relating to the collection of
such fee.
``(B) Authority to limit fees.--The Secretary, by
regulation--
``(i) may limit the maximum processing fee
payable under this paragraph by a family,
including spouses and children; and
``(ii) may exempt defined classes of
individuals from the payment of the fee under
subparagraph (A).
``(3) Disposition of fees.--All fees collected under
paragraph (2)(A)--
``(A) shall be deposited into the Immigration
Examinations Fee Account pursuant to section 286(m);
and
``(B) shall remain available until expended
pursuant to section 286(n).
``(4) Documentation of work history.--
``(A) Burden of proof.--An alien applying for blue
card status under section 101 of the Agricultural
Worker Program Act of 2017 or for adjustment of status
under subsection (a) shall provide evidence that the
alien has worked the requisite number of hours or days
required under subsection (a)(1) of such section 101 or
subsection (a)(1) of this section, as applicable.
``(B) Timely production of records.--If an employer
or farm labor contractor employing 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 subparagraph (A) to establish
that the alien has performed the days or hours of work
referred to in subparagraph (A) by producing sufficient
evidence to show the extent of that employment as a
matter of just and reasonable inference.
``(f) Penalties for False Statements in Applications.--
``(1) Criminal penalty.--Any person who--
``(A) files an application for blue card status
under section 101 of the Agricultural Worker Program
Act of 2017 or for an adjustment of status under this
section and knowingly and willfully falsifies,
conceals, or covers up a material fact or makes any
false, fictitious, or fraudulent statements or
representations, 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 application,
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 convicted of a
crime described in paragraph (1) shall be deemed inadmissible
to the United States on the grounds described in section
212(a)(6)(C)(i).
``(3) Deposit.--Fines collected under paragraph (1) shall
be deposited into the Immigration Examinations Fee Account
pursuant to section 286(m).
``(g) Eligibility for Legal Services.--Section 504(a)(11) of the
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1996 (Public Law 104-134; 110 Stat. 1321-
55) may 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 directly related to an application for blue card
status under section 101 of the Agricultural Worker Program Act of
2017, to an individual who has been granted blue card status, or for an
application for an adjustment of status under this section.
``(h) Administrative and Judicial Review.--Aliens applying for blue
card status under section 101 of the Agricultural Worker Program Act of
2017 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 242.''.
(b) Conforming Amendment.--Section 201(b)(1) of the Immigration and
Nationality Act (8 U.S.C. 1151(b)(1)) is amended--
(1) by redesignating subparagraph (E) as subparagraph (F);
and
(2) by inserting after subparagraph (D) the following:
``(E) Aliens granted lawful permanent resident
status under section 245B.''.
(c) Clerical Amendment.--The table of contents of the Immigration
and Nationality Act (8 U.S.C. 1101 note) is amended by inserting after
the item relating to section 245A the following:
``Sec. 245B. Adjustment to permanent resident status for agricultural
workers.''.
SEC. 103. USE OF INFORMATION.
Beginning not later than the first day of the application period
described in section 101(b)(3), the Secretary, in cooperation with
qualified designated entities, shall broadly disseminate information
regarding--
(1) the benefits that aliens may receive under this title
and the amendments made by this title; and
(2) the requirements that an alien is required to meet to
receive such benefits.
SEC. 104. REPORTS ON BLUE CARDS.
Not later than six months after the publication of the final rule
under section 101(j), and annually thereafter for the following eight
years, the Secretary shall submit a report to Congress that identifies,
for the previous fiscal year--
(1) the number of aliens who applied for blue card status;
(2) the number of aliens who were granted blue card status;
(3) the number of aliens who applied for an adjustment of
status pursuant to section 245B(a) of the Immigration and
Nationality Act, as added by section 102; and
(4) the number of aliens who received an adjustment of
status pursuant such section 245B(a).
SEC. 105. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary such
amounts as may be necessary to implement this title, including any
amounts needed for costs associated with the initiation of such
implementation during fiscal years 2017 and 2018.
TITLE II--CORRECTION OF SOCIAL SECURITY RECORDS
SEC. 201. 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 following:
``(D) who is granted blue card status under section
101 of the Agricultural Worker Program Act of 2017,'';
and
(4) in the undesignated matter following subparagraph (D),
as added by paragraph (3), 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 before the
date on which the alien was granted blue card status under
section 101(a) of the Agricultural Worker Program Act of
2017.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the first day of the seventh month that begins after the
date of the enactment of this Act.
TITLE III--DEFINITIONS
SEC. 301. DEFINITIONS.
In this Act:
(1) Agricultural employment.--The term ``agricultural
employment'' has the meaning given such term in section 3 of
the Migrant and Seasonal Agricultural Worker Protection Act (29
U.S.C. 1802), without regard to whether the specific service or
activity is temporary or seasonal.
(2) 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 101.
(3) Child.--The term ``child'' has the meaning given such
term in section 101(b)(1) of the Immigration and Nationality
Act (8 U.S.C. 1101(b)(1)).
(4) Continuous presence.--An alien shall be deemed to have
maintained ``continuous presence'' in the United States for
purposes of section 101(a)(1)(B)(iii) if any absences from the
United States during the applicable period were brief, casual,
and innocent, whether or not such absences were authorized by
the Secretary.
(5) Employer.--The term ``employer'' means any person or
entity, including any farm labor contractor and any
agricultural association, that employs workers in agricultural
employment.
(6) Qualified designated entity.--The term ``qualified
designated entity'' means--
(A) a qualified farm labor organization or an
association of employers designated by the Secretary;
or
(B) any other entity that the Secretary designates
as having substantial experience, demonstrated
competence, 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 (8 U.S.C. 1151 et seq.).
(7) Qualified work.--The term ``qualified work'' means work
performed in agricultural employment in the United States for
not fewer than 575 hours or 100 work days during the 2-year
period ending on the date of the enactment of this Act.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(9) Work day.--The term ``work day'' means any day in which
the individual is employed 5.75 or more hours in agricultural
employment.
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