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. The Secretary may grant certified agricultural worker status to an alien who is otherwise eligible for such status if such alien is able to only partially satisfy the requirement under section 101(a)(1)(A) as a result of reduced hours of employment or other restrictions associated with the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) with respect to COVID–19. The exception described in subparagraph
(A)shall apply only to agricultural labor or services required to be performed during the period that— begins on the first day of the public health emergency described in subparagraph (A); and ends 90 days after the date on which such public health emergency terminates. 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, parental leave, 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; reduced hours of employment or other restrictions associated with the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) with respect to COVID–19; 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)(E) 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. As part of the rulemaking described in section 122(a), the Secretary shall establish procedures allowing for a partial waiver of the requirement under section 111(a)(1)(A) for a certified agricultural worker if such worker— has continuously maintained certified agricultural worker status since the date such status was initially granted; has partially completed the requirement under section 111(a)(1)(A); and is no longer able to engage in agricultural labor or services safely and effectively because of— a permanent disability suffered while engaging in agricultural labor or services; or deteriorating health or physical ability combined with advanced age. In establishing the procedures described in subparagraph (A), the Secretary shall consult with the Secretary of Health and Human Services and the Commissioner of Social Security to define permanent disability for purposes of a waiver under subparagraph (A)(iii)(I).
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Sec. 126
Documentation of agricultural work history
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