II 111th CONGRESS 1st Session S. 1038 IN THE SENATE OF THE UNITED STATES May 14, 2009 Mrs. Feinstein (for herself, Mr. Leahy, Mr. Schumer, Mr. Kennedy, Mr. Kohl, Mrs. Boxer, Mr. Dodd, Mr. Lieberman, Mr. Bingaman, Mr. Feingold, Mrs. Murray, Mr. Kerry, Mr. Nelson of Florida, Mr. Kaufman, Mr. Casey, Ms. Cantwell, and Mr. Levin) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To improve agricultural job opportunities, benefits, and security for aliens in the United States, and for other purposes.

1.

Short title, table of contents

(a)

Short title

This Act may be cited as the Agricultural Job Opportunities, Benefits, and Security Act of 2009 or the AgJOBS Act of 2009. (b)

Table of contents

The table of contents for this Act is as follows: Sec. 1. Short title, table of contents. Sec. 2. Definitions. TITLE I—PILOT PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL WORKERS Subtitle A—Blue card status Sec. 101. Requirements for blue card status. Sec. 102. Treatment of aliens granted blue card status. Sec. 103. Adjustment to permanent residence. Sec. 104. Applications. Sec. 105. Waiver of numerical limitations and certain grounds for inadmissibility. Sec. 106. Administrative and judicial review. Sec. 107. Use of information. Sec. 108. Regulations, effective date, authorization of appropriations. Subtitle B—Correction of Social Security Records Sec. 111. Correction of Social Security records. TITLE II—REFORM OF H–2A WORKER PROGRAM Sec. 201. Amendments to the Immigration and Nationality Act. TITLE III—MISCELLANEOUS PROVISIONS Sec. 301. Determination and use of user fees. Sec. 302. Regulations. Sec. 303. Reports to Congress. Sec. 304. Effective date.

2.

Definitions

In this Act: (1)

Agricultural employment

The term agricultural employment means any service or activity that is considered to be agricultural under section 3(f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)) or agricultural labor under section 3121(g) of the Internal Revenue Code of 1986 or the performance of agricultural labor or services described in section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)). (2)

Blue card status

The term blue card status means the status of an alien who has been lawfully admitted into the United States for temporary residence under section 101(a). (3)

Department

The term Department means the Department of Homeland Security. (4)

Employer

The term employer means any person or entity, including any farm labor contractor and any agricultural association, that employs workers in agricultural employment. (5)

Secretary

Except as otherwise provided, the term Secretary means the Secretary of Homeland Security. (6)

Work day

The term work day means any day in which the individual is employed 5.75 or more hours in agricultural employment.