Sec. 102. Adjustment to permanent resident status

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Chapter 5 of title II ( 8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following: 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 2019 , 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: Except as provided in paragraph (3), the alien— during the 8-year period beginning on the date of the enactment of the Agricultural Worker Program Act of 2019 , performed not less than 100 work days of agricultural employment during each of 5 years; or 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.

An alien demonstrates compliance with the requirement under paragraph

(1)by submitting to the Secretary— the alien’s record of employment (as required to be provided to the alien under section 101(g)(1) of the Agricultural Worker Program Act of 2019 ); documentation described in subsection (e)(4); or any other documentation designated by the Secretary for such purpose. 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— pregnancy, disabling injury, or disease established by the alien through medical records; illness, disease, or other special needs of the alien’s child established by the alien through medical records; severe weather conditions that prevented the alien from engaging in agricultural employment for a significant period; 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 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. The alien applies for adjustment of status before the expiration of the alien’s blue card status. 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). The Secretary may not adjust the status of an alien granted blue card status if the alien— is no longer eligible for blue card status; or failed to perform the qualifying employment required under subsection (a)(1), after considering any amount credited by the Secretary under subsection (a)(3). 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. 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. An alien may not file an application for adjustment of status under this section unless the applicant has satisfied all applicable Federal tax liabilities. In this paragraph, the term applicable Federal tax liabilities means all Federal income taxes assessed in accordance with chapter 63 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. 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. 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— 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; the principal alien includes the spouse and children in an application for adjustment of status to that of a lawful permanent resident; and the spouse or child is not ineligible for such status. The numerical limitations under sections 201 and 202 shall not apply to the adjustment of aliens to lawful permanent resident status under this section. The Secretary may interview applicants for adjustment of status under this section to determine whether the alien meets the eligibility requirements set forth in this section. 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— the cost of taking and processing biometric data; expenses relating to prevention and investigation of fraud; and costs relating to the collection of such fee. The Secretary may promulgate regulations— to limit the maximum processing fee payable under this paragraph by a family, including spouses and children; and to exempt defined classes of individuals from the payment of the fee under subparagraph (A). All fees collected under paragraph (2)(A)— shall be deposited into the Immigration Examinations Fee Account pursuant to section 286(m); and shall remain available until expended pursuant to section 286(n). An alien applying for blue card status under section 101 of the Agricultural Worker Program Act of 2019 , 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. 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 referred to in subparagraph

(A)by producing sufficient evidence to show the extent of that employment as a matter of just and reasonable inference. Any person who— files an application for blue card status under section 101 of the Agricultural Worker Program Act of 2019 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 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 described in paragraph

(1)shall be deemed inadmissible to the United States under section 212(a)(6)(C)(i). Fines collected under paragraph

(1)shall be deposited into the Immigration Examinations Fee Account pursuant to section 286(m). 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 2019 to an individual seeking such status; or an application for an adjustment to permanent residence status under this section. Aliens applying for blue card status under section 101 of the Agricultural Worker Program Act of 2019 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. . Section 201(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(1) ) is amended— by redesignating subparagraph

(E)as subparagraph (F); and by inserting after subparagraph

(D)the following: Aliens granted lawful permanent resident status under section 245B. . 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. .

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