Sec. 431. Requirements for blue card status
675 words·~3 min read·
/bill/113/hr/3163/ih/section-431A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Notwithstanding any other provision of law, the Secretary shall, pursuant to the requirements of this section, grant blue card status to an alien who qualifies under this section if the Secretary determines that the alien— during the 24-month period ending on December 31, 2013— performed agricultural employment in the United States for at least 863 hours or 150 work days; or earned at least $7,500 from agricultural employment in the United States; applied for such status during the 18-month application period beginning on the first day of the seventh month that begins after the date of enactment of this Act; is otherwise admissible to the United States under section 212 of the Immigration and Nationality Act ( 8 U.S.C. 1182 ), except as otherwise provided under section 105(b); and has not been convicted of any felony or a misdemeanor, an element of which involves bodily injury, threat of serious bodily injury, or harm to property in excess of $500.
An alien who is granted blue card status is authorized to travel outside the United States (including commuting to the United States from a residence in a foreign country) in the same manner as an alien lawfully admitted for permanent residence. The Secretary shall provide an alien who is granted blue card status an employment authorized endorsement or other appropriate work permit, in the same manner as an alien lawfully admitted for permanent residence. The Secretary shall terminate blue card status granted to an alien if the Secretary determines that the alien is deportable.
The Secretary shall terminate blue card status granted to an alien if— 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 Immigration and Nationality Act ( 8 U.S.C. 1182(a)(6)(C)(i) ); or the alien— 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); is convicted of a felony or 3 or more misdemeanors committed in the United States; 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 fails to perform the agricultural employment required under paragraph (1)(A) of section 103(a) unless the alien was unable to work in agricultural employment due to the extraordinary circumstances described in paragraph
(3)of such section. Each employer of an alien granted blue card status shall annually— provide a written record of employment to the alien; and provide a copy of such record to the Secretary. If the Secretary finds, after notice and opportunity for a hearing, that an employer of an alien granted blue card status has 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 $1,000 per violation. The penalty applicable under subparagraph
(A)for failure to provide records shall not apply unless the alien has provided the employer with evidence of employment authorization granted under this section. The obligation under paragraph
(1)shall terminate on the date that is 6 years after the date of the enactment of this Act. The Secretary shall provide each alien granted blue card status, and the spouse and any child of each such alien residing in the United States, with a card that contains— an encrypted, machine-readable, electronic identification strip that is unique to the alien to whom the card is issued; biometric identifiers, including fingerprints and a digital photograph; and physical security features designed to prevent tampering, counterfeiting, or duplication of the card for fraudulent purposes. An alien granted blue card status shall pay a fine of $100 to the Secretary. 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.
Connectionstraces to 1
Traces to 1 document
U.S. Code
Citation graph
cites case law
Sec. 431
Requirements for blue card status
Cites 1Cited by 0 across 0 sources