Sec. 302. Mandatory electronic verification for the agricultural industry
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In this section, the term agricultural employment means agricultural labor or services (as defined in section 101(a)(15)(H)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii) )). The requirements for the electronic verification of identity and employment authorization described in section 274E of the Immigration and Nationality Act, as add by section 301, 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 (c). The requirements described in subsection
(b)shall apply to a person or entity hiring an individual for agricultural employment in the United States— with respect to employers that, on the date of the enactment of this Act, have 500 or more employees in the United States, beginning on the later of— the date that is 6 months after the date on which the Secretary of Homeland Security makes the certification required under section 274E(a)(11) of the Immigration and Nationality Act, as added by section 301(a); or 6 years after the date of the enactment of this Act; with respect to employers that, on the date of the enactment of this Act, have 100 or more employees in the United States, but fewer than 500 such employees, beginning on the date that is 3 months after the date on which such requirements are applicable to employers described in subparagraph (A); with respect to employers that, on the date of the enactment of this Act, have 20 or more employees in the United States, but fewer than 100 such employees, beginning on the date that is 6 months after the date on which such requirements are applicable to employers described in subparagraph (A); and with respect to employers that, on the date of the enactment of this Act, have fewer than 20 employees in the United States, beginning on the date that is 9 months after the date on which such requirements are applicable to employers described in subparagraph (A). The requirements under subsection
(b)shall apply to any person or entity recruiting or referring for a fee an individual for agricultural employment in the United States on the date that is 1 year after the 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 such effective date, 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 may 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, in consultation with the Secretary of Agriculture, may delay the effective dates described in paragraphs
(1)and
(2)for a period not to exceed 180 days if the Secretary determines, based on the most recent report described in section 133 and other relevant data, that a significant number of applications under section 101 remain pending. The Secretary of Homeland Security, in coordination with the Secretary of Agriculture, and in consultation with the Commissioner of Social Security, shall create a process for individuals to seek assistance in contesting a tentative nonconfirmation (as described in section 274E(b)(4)(D) of the Immigration and Nationality Act, as added by section 301(a)), at local offices or service centers of the Department of Agriculture. The Secretary of Homeland Security and the Secretary of Agriculture shall ensure that local offices and service centers of the Department of Agriculture are staffed appropriately and have the resources necessary to provide information and support to individuals seeking the assistance described in paragraph (1), including by facilitating communication between such individuals and the Department of Homeland Security or the Social Security Administration. Nothing in this subsection may be construed to delegate authority or transfer responsibility for reviewing and resolving tentative nonconfirmations from the Secretary of Homeland Security and the Commissioner of Social Security to the Secretary of Agriculture. In accordance with section 274E(b)(3)(A)(vii) of the Immigration and Nationality Act, as added by section 301(a), and not later than 1 year after the completion of the application period described in section 101(c), the Secretary of Homeland Security shall recognize documentary evidence of certified agricultural worker status described in section 102(a)(2) as valid proof of employment authorization and identity for purposes of section 274E(b)(3)(A) of such 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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