Sec. 126. Documentation of agricultural work history
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An alien applying for certified agricultural worker status under subtitle A or adjustment of status under subtitle B 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, 103, or 111, as applicable. The Secretary shall establish special procedures to properly credit work in cases in which an alien was employed under an assumed name. An alien may meet the burden of proof under subsection
(a)by producing sufficient evidence to show the extent of such employment as a matter of just and reasonable inference. Such evidence may include— an annual record of certified agricultural worker employment as described in section 105(a), or other employment records from employers; employment records maintained by collective bargaining associations; tax records or other government records; sworn affidavits from individuals who have direct knowledge of the alien’s work history; or any other documentation designated by the Secretary for such purpose. In determining whether an alien has met the requirement under section 103(a)(1)(A) or 111(a)(1)(A), the Secretary may credit the alien with not more than 575 hours (or 100 work days) of agricultural labor or services in the United States if the alien was unable to perform the required agricultural labor or services due to— pregnancy, illness, disease, disabling injury, or physical limitation of the alien; injury, illness, disease, or other special needs of the alien’s child or spouse; severe weather conditions that prevented the alien from engaging in agricultural labor or services; or termination from agricultural employment, if the Secretary determines that— the termination was without just cause; and the alien was unable to find alternative agricultural employment after a reasonable job search. A determination under paragraph (1)(D) 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.