[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2801 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 2801

 To provide temporary resident status and employment authorization for 
   certain non-seasonal agricultural workers, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 16, 2019

   Mr. Collins of New York introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To provide temporary resident status and employment authorization for 
   certain non-seasonal agricultural workers, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Helping Labor Personnel on Farms 
Act'' or the ``HELP Farms Act''.

SEC. 2. TEMPORARY RESIDENT STATUS AND EMPLOYMENT AUTHORIZATION FOR 
              CERTAIN NON-SEASONAL AGRICULTURAL WORKERS.

    (a) In General.--
            (1) Treatment of principal aliens.--In the case of an alien 
        described in subsection (b) who satisfies the requirements of 
        subsection (c) and is not ineligible under subsection (e), the 
        Secretary of Homeland Security, in consultation with the 
        Secretary of Labor and the Secretary of State, shall--
                    (A) adjust the status of the alien to that of an 
                alien lawfully admitted for temporary residence for a 
                two-year period not subject to renewal, and issue 
                documentary evidence of such temporary resident status;
                    (B) grant the alien authorization to engage in 
                employment in the United States during such two-year 
                period in an agricultural labor or services occupation 
                not of a seasonal nature; and
                    (C) provide the alien an ``employment authorized'' 
                endorsement or other appropriate work permit valid 
                during such two-year period.
            (2) Treatment of spouses and children.--A spouse or 
        unmarried child under 21 years of age of a principal alien who 
        is included in an application under subsection (c)(1) and is 
        not ineligible under subsection (e) shall be eligible for the 
        same temporary resident status (and documentation of such 
        status) as is granted to the principal alien.
    (b) Aliens Described.--
            (1) In general.--An alien is described in this subsection 
        if the alien--
                    (A) during the preceding calendar year, was 
                considered a United States resident for purposes of the 
                Internal Revenue Code of 1986;
                    (B) does not qualify for status under section 
                101(a)(15)(H)(ii)(a) of the Immigration and Nationality 
                Act (8 U.S.C. 1101(a)(15)(a)); and
                    (C) is, and during the 2-year period preceding the 
                date of the filing of the application under subsection 
                (c) has been, employed by the sponsoring employer 
                described in subsection(c)(2) in an agricultural labor 
                or services occupation not of a seasonal nature.
            (2) Definition.--For purposes of this section, the term 
        ``agricultural labor or services'' includes--
                    (A) agricultural labor as defined in section 
                3121(g) of the Internal Revenue Code of 1986;
                    (B) agriculture as defined in section 3(f) of the 
                Fair Labor Standards Act of 1938 (29 U.S.C. 203(f));
                    (C) all activities required for the preparation, 
                processing or manufacturing of a product of agriculture 
                (as such term is defined in such section 3(f)), or fish 
                or shellfish, for further distribution;
                    (D) the handling, planting, drying, packing, 
                packaging, processing, freezing, or grading prior to 
                delivery for storage of any agricultural or 
                horticultural commodity in its unmanufactured state;
                    (E) dairy cattle and milk production;
                    (F) range production of livestock;
                    (G) sheep herding or goat herding;
                    (H) commercial beekeeping and pollination;
                    (I) animal shearing;
                    (J) the killing of animals for meat or poultry 
                processing and the breakdown of their carcasses; and
                    (K) activities related to the management and 
                training of equines.
    (c) Application Requirements.--
            (1) In general.--An alien shall apply for adjustment of 
        status and work authorization under this section during the 6-
        month period beginning on the date of the enactment of this 
        Act. The application shall collect such information as the 
        Secretary of Homeland Security determines necessary and 
        appropriate. The Secretary shall establish a process through 
        which an alien may submit a single application under this 
        section on behalf of the alien and the alien's eligible spouse 
        and children.
            (2) Sponsoring employer.--
                    (A) In general.--An application under paragraph (1) 
                shall be accompanied by an attestation from the alien's 
                employer that the alien continuously has been employed 
                by the employer in an agricultural labor or services 
                occupation not of a seasonal nature during the 2-year 
                period preceding the date of the filing of the 
                application.
                    (B) Employer protections.--
                            (i) Use of employment records.--Copies of 
                        employment records or other evidence of 
                        employment provided by an alien or by an 
                        alien's employer in support of an alien's 
                        application under paragraph (1) may not be used 
                        in a civil or criminal prosecution or 
                        investigation of that employer under section 
                        274A of the Immigration and Nationality Act (8 
                        U.S.C. 1324a) or under the Internal Revenue 
                        Code of 1986 for the prior unlawful employment 
                        of that alien regardless of the adjudication of 
                        such application or reconsideration by the 
                        Secretary of Homeland Security of such alien's 
                        prima facie eligibility determination. 
                        Employers that provide unauthorized aliens with 
                        copies of employment records or other evidence 
                        of employment pursuant to an application under 
                        paragraph (1) shall not be subject to civil and 
                        criminal liability pursuant to such section 
                        274A for employing such unauthorized aliens.
                            (ii) Limit on applicability.--The 
                        protections for employers and aliens under 
                        clause (i) shall not apply if the aliens or 
                        employers submit employment records that are 
                        determined to be fraudulent.
    (d) Special Rules for Applicants.--
            (1) Documentation.--Upon the filing of an application under 
        subsection (c)(1), the Secretary of Homeland Security shall 
        furnish the applicant or applicants with documentation of 
        status as an applicant under this section.
            (2) Aliens apprehended before or during the application 
        period.--If an alien who is apprehended during the period 
        beginning on the date of the enactment of this Act and ending 
        on the last day of the application period described in 
        subsection (c)(1) appears prima facie eligible for temporary 
        resident status under this section, the Secretary of Homeland 
        Security--
                    (A) shall provide the alien with a reasonable 
                opportunity to submit an application for such status 
                under this section during such period; and
                    (B) if such an application is submitted, may not 
                remove the individual until a final administrative 
                determination is made on such application.
            (3) Aliens in removal proceedings.--Notwithstanding any 
        other provision of the Immigration and Nationality Act (8 
        U.S.C. 1101 et seq.) if an alien is in removal, deportation, or 
        exclusion proceedings during the period beginning on the date 
        of the enactment of this Act and ending on the last day of the 
        application period described in subsection (c)(1) and is prima 
        facie eligible for temporary resident status under this 
        section, upon motion by the Secretary of Homeland Security and 
        with the consent of the alien or upon motion by the alien, the 
        Executive Office for Immigration Review shall--
                    (A) terminate such proceedings without prejudice to 
                future proceedings; and
                    (B) permit the alien a reasonable opportunity to 
                apply for such status.
            (4) Period pending adjudication of application.--During the 
        period beginning on the date on which an alien applies for 
        temporary resident status under this section and ending on the 
        date on which the Secretary of Homeland Security makes a final 
        decision regarding such application, the alien--
                    (A) is eligible to apply for advance parole;
                    (B) may not be detained by the Secretary or 
                Homeland Security or removed from the United States 
                unless the Secretary makes a prima facie determination 
                that such alien is, or has become, ineligible for 
                temporary resident status;
                    (C) shall not be considered unlawfully present 
                under section 212(a)(9)(B) of the Immigration and 
                Nationality Act (8 U.S.C. 1182(a)(9)(B)); and
                    (D) shall not be considered an unauthorized alien 
                (as defined in section 274A(h)(3) of such Act (8 U.S.C. 
                1324a(h)(3))).
    (e) Ineligible Aliens.--
            (1) In general.--An alien shall be ineligible for 
        adjustment of status and work authorization under this section 
        if the Secretary of Homeland Security determines that--
                    (A) the alien ordered, incited, assisted, or 
                otherwise participated in the persecution of any person 
                on account of race, religion, nationality, membership 
                in a particular social group, or political opinion;
                    (B) the alien has been convicted in the United 
                States by a final judgment of a particularly serious 
                crime (as defined in paragraph (2));
                    (C) there are serious reasons for believing that 
                the alien has committed a serious nonpolitical crime 
                outside the United States prior to the arrival of the 
                alien in the United States;
                    (D) there are reasonable grounds for regarding the 
                alien as a danger to the security of the United States;
                    (E) the alien is described in subclause (I), (II), 
                (III), (IV), or (VI) of section 212(a)(3)(B)(i) or 
                section 237(a)(4)(B) of the Immigration and Nationality 
                Act (8 U.S.C. 1101 et seq.) (relating to terrorist 
                activity), unless, in the case only of an alien 
                inadmissible under subclause (IV) of section 
                212(a)(3)(B)(i) of such Act, the Secretary of Homeland 
                Security determines, in the Secretary's discretion, 
                that there are not reasonable grounds for regarding the 
                alien as a danger to the security of the United States; 
                or
                    (F) the alien has not satisfied all Federal, State, 
                and local tax liabilities.
            (2) Definition.--For purposes of paragraph (1)(B), an alien 
        who has been convicted of the following shall be considered to 
        have been convicted of a particularly serious crime:
                    (A) A felony for which the alien was sentenced to a 
                term of imprisonment of not less than 60 months.
                    (B) Murder, rape, kidnapping, or a felony offense 
                described in chapter 77 (relating to peonage and 
                slavery) or 113B (relating to terrorism) of title 18, 
                United States Code.
                    (C) Three or more felonies of any kind.
            (3) Termination of benefits.--Temporary resident status and 
        work authorization granted under this section shall be 
        terminated if the Secretary of Homeland Security determines 
        that the alien--
                    (A) meets a condition described in paragraph (1); 
                or
                    (B) is not employed in an agricultural labor or 
                services occupation not of a seasonal nature.
    (f) Documentation Features.--Documentary evidence of temporary 
resident status provided under this section shall--
            (1) be machine-readable and tamper-resistant;
            (2) contain a digitized photograph;
            (3) during the alien's authorized period of admission, 
        serve as a valid travel and entry document for the purpose of 
        applying for admission to the United States; and
            (4) include such other features and information as the 
        Secretary of Homeland Security may prescribe.
    (g) Confidentiality of Information.--
            (1) In general.--Except for purposes of carrying out 
        paragraph (2), and consistent with subsection (c)(2)(B), the 
        Secretary of Homeland Security, the Attorney General, or any 
        other official or employee of the Department of Justice or the 
        Department of Homeland Security shall not--
                    (A) use the information furnished by the applicant, 
                or the sponsoring employer described in subsection 
                (c)(2)(A), pursuant to an application filed under this 
                section for any purpose other than to make a 
                determination on the application;
                    (B) make any publication whereby the information 
                furnished by any particular applicant or sponsoring 
                employer can be identified; or
                    (C) permit anyone other than the sworn officers and 
                employees of the Department of Homeland Security to 
                examine individual applications.
            (2) Penalties for false statements in applications.--
        Whoever files an application under this section and knowingly 
        and willfully falsifies, misrepresents, 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, shall be subject 
        to section 1001 of title 18, United States Code.

SEC. 3. MODIFICATION OF H-2A REGULATIONS.

    Not later than 2 years after the date of the enactment of this Act, 
the Secretary of Labor shall modify the Secretary's regulations 
governing the program under section 101(a)(15)(H)(ii)(a) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) so as 
to ensure that aliens desiring to come temporarily to the United States 
to work in an agricultural labor or services occupation not of a 
seasonal nature are eligible to be granted authorization for employment 
in the United States on an annual, rather than a seasonal, basis under 
such program.
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