Sec. 302. Mandatory electronic verification for the agricultural industry
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The requirements for the electronic verification of identity and employment authorization described in section 274E of the Immigration and Nationality Act, as inserted by section 301 of this Act, shall apply to a person or entity hiring, recruiting, or referring for a fee an individual for agricultural employment in the United States in accordance with the effective dates set forth in subsection (b). Subsection
(a)shall apply to a person or entity hiring an individual for agricultural employment in the United States as follows: With respect to employers having 500 or more employees in the United States on the date of the enactment of this Act, on the date that is 6 months after completion of the application period described in section 101(c). With respect to employers having 100 or more employees in the United States (but less than 500 such employees) on the date of the enactment of this Act, on the date that is 9 months after completion of the application period described in section 101(c). With respect to employers having 20 or more employees in the United States (but less than 100 such employees) on the date of the enactment of this Act, on the date that is 12 months after completion of the application period described in section 101(c). With respect to employers having 1 or more employees in the United States (but less than 20 such employees) on the date of the enactment of this Act, on the date that is 15 months after completion of the application period described in section 101(c). Subsection
(a)shall apply to a person or entity recruiting or referring an individual for agricultural employment in the United States on the date that is 12 months after completion of the application period described in section 101(c). Except as required under subtitle A of title IV of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note) (as in effect on the day before the effective date described in section 303(a)(4)), Executive Order 13465 ( 8 U.S.C. 1324a note; relating to Government procurement), or any State law requiring persons or entities to use the E-Verify Program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note) (as in effect on the day before the effective date described in section 303(a)(4)), sections 274A and 274B of the Immigration and Nationality Act ( 8 U.S.C. 1324a and 1324b) shall apply to a person or entity hiring, recruiting, or referring an individual for employment in the United States until the applicable effective date under this subsection. Nothing in this subsection shall be construed to prohibit persons or entities, including persons or entities that have voluntarily elected to participate in the E-Verify Program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note) (as in effect on the day before the effective date described in section 303(a)(4)), from seeking early compliance on a voluntary basis. The Secretary of Homeland Security and the Commissioner of Social Security shall coordinate with the Secretary of Agriculture to create an alternate process for an individual to contest a tentative nonconfirmation as described in section 274E(b)(4)(D) of the Immigration and Nationality Act, as inserted by section 301 of this Act, by appearing in-person at a local office or service center of the U.S. Department of Agriculture or at a local office of the U.S. Social Security Administration. The Secretary of Agriculture and Commissioner of Social Security shall ensure that local offices and service centers of the U.S. Department of Agriculture and local offices of the U.S. Social Security Administration are staffed appropriately and have the resources necessary to receive in-person requests for secondary review of a tentative nonconfirmation under paragraph
(1)from individuals and to facilitate the secondary review process by serving as a single point of contact between the individual and the Department of Homeland Security and the Social Security Administration. In accordance with section 274E(b)(3)(A)(vii) of the Immigration and Nationality Act, as inserted by section 301 of this Act, and not later than 12 months after the completion of the application period described in section 101(c) of this Act, the Secretary of Homeland Security shall recognize documentary evidence of certified agricultural worker status described in section 102(a)(2) of this Act as valid proof of employment authorization and identity for purposes of section 274E(b)(3)(A) of the Immigration and Nationality Act, as inserted by section 301 of this Act. For purposes of this section, the term agricultural employment means agricultural labor or services, as defined by section 101(a)(15)(H)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii) ), as amended by this Act.
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- EO 13465
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Sec. 302
Mandatory electronic verification for the agricultural industry
Exec. Ord.EO 13465
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