Sec. 434. Applications

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The Secretary shall provide that— applications for blue card status may be submitted— to the Secretary if the applicant is represented by 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 to a qualified designated entity if the applicant consents to the forwarding of the application to the Secretary; and applications for adjustment of status under section 103 shall be filed directly with the Secretary.

In this section, the term qualified designated entity means— a qualified farm labor organization or an association of employers designated by the Secretary; or any such other person designated by the Secretary if that Secretary determines such person is qualified and has substantial experience, demonstrated competence, and has a history of long-term involvement in the preparation and submission of applications for adjustment of status under section 209, 210, or 245 of the Immigration and Nationality Act ( , the Act entitled 8 U.S.C. 1159 , 1160, and 1255) An Act to adjust the status of Cuban refugees to that of lawful permanent residents of the United States, and for other purposes , approved November 2, 1966 ( Public Law 89–732 ; 8 U.S.C. 1255 note), Public Law 95–145 ( 8 U.S.C. 1255 note), or the Immigration Reform and Control Act of 1986 ( Public Law 99–603 ; 100 Stat. 3359) or any amendment made by that Act.

An alien may establish that the alien meets the requirement of section 101(a)(1) or 103(a)(1) through government employment records or records supplied by employers or collective bargaining organizations, and other reliable documentation as the alien may provide. The Secretary shall establish special procedures to properly credit work in cases in which an alien was employed under an assumed name. An alien applying for status under section 101(a) or 103(a) has the burden of proving by a preponderance of the evidence that the alien has worked the requisite number of hours or days required under section 101(a)(1) or 103(a)(1), as applicable.

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. An alien may meet the burden of proof under subparagraph

(A)to establish that the alien has performed the days or hours of work required by section 101(a)(1) or 103(a)(1) by producing sufficient evidence to show the extent of that employment as a matter of just and reasonable inference. Each qualified designated entity shall agree— to forward to the Secretary an application submitted to that entity pursuant to subsection (a)(1)(B) if the applicant has consented to such forwarding; not to forward to the Secretary any such application if the applicant has not consented to such forwarding; and to assist an alien in obtaining documentation of the alien's work history, if the alien requests such assistance. No qualified designated entity may make a determination required by this subtitle to be made by the Secretary. Files and records collected or compiled by a qualified designated entity for the purposes of this section are confidential and the Secretary shall not have access to such a file or record relating to an alien without the consent of the alien, except as allowed by a court order issued pursuant to subsection (f). Except as otherwise provided in this section, the Secretary or any other official or employee of the Department or a bureau or agency of the Department is prohibited from— using information furnished by the applicant pursuant to an application filed under this subtitle, the information provided by an applicant to a qualified designated entity, or any information provided by an employer or former employer for any purpose other than to make a determination on the application or for imposing the penalties described in subsection (g); making any publication in which the information furnished by any particular individual can be identified; or permitting a person other than a sworn officer or employee of the Department or a bureau or agency of the Department or, with respect to applications filed with a qualified designated entity, that qualified designated entity, to examine individual applications. The Secretary shall provide the information furnished under this subtitle or any other information derived from such furnished information to— a duly recognized law enforcement entity in connection with a criminal investigation or prosecution, if such information is requested in writing by such entity; or an official coroner, for purposes of affirmatively identifying a deceased individual, whether or not the death of such individual resulted from a crime. Nothing in this subsection shall be construed to limit the use, or release, for immigration enforcement purposes or law enforcement purposes, of information contained in files or records of the Department pertaining to an application filed under this section, other than information furnished by an applicant pursuant to the application, or any other information derived from the application, that is not available from any other source. Notwithstanding any other provision of this subsection, information concerning whether the alien applying for blue card status or an adjustment of status under section 103 has been convicted of a crime at any time may be used or released for immigration enforcement or law enforcement purposes. Any person who knowingly uses, publishes, or permits information to be examined in violation of this subsection shall be subject to a fine in an amount not to exceed $10,000. Any person who— files an application for blue card status or an adjustment of status under section 103 and knowingly and willfully falsifies, conceals, or covers up a material fact or makes any false, fictitious, or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry; or 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. An alien who is convicted of a crime under paragraph

(1)shall be considered to be inadmissible to the United States on the ground described in section 212(a)(6)(C)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(6)(C)(i) ). Section 504(a)(11) of Public Law 104–134 (110 Stat. 1321–53 et seq.) shall not be construed to prevent a recipient of funds under the Legal Services Corporation Act ( 42 U.S.C. 2996 et seq. ) from providing legal assistance directly related to an application for blue card status or an adjustment of status under section 103. The Secretary shall provide for a schedule of fees that— shall be charged for the filing of an application for blue card status or for an adjustment of status under section 103; and may be charged by qualified designated entities to help defray the costs of services provided to such applicants. A qualified designated entity may not charge any fee in excess of, or in addition to, the fees authorized under paragraph (1)(B) for services provided to applicants. There is established in the general fund of the Treasury a separate account, which shall be known as the Agricultural Worker Immigration Status Adjustment Account . Notwithstanding any other provision of law, there shall be deposited as offsetting receipts into the account all fees collected under paragraph (1)(A). Amounts deposited in the Agricultural Worker Immigration Status Adjustment Account shall remain available to the Secretary until expended for processing applications for blue card status or an adjustment of status under section 103.

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