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SEC. _31. ADMISSION OF AGRICULTURAL WORKERS.

(a) Z-A NONIMMIGRANT VISA CATEGORY."

(1) ESTABLISHMENT."Paragraph (15) of section101(a) of the Immigration and Nationality ActU.S.C. 1101(a)), as amended by section l01(b),is further amended by adding at the end the followingnew subparagraph:''(Z-A)(i) an alien who is coming to theUnited States to perform any service or activitythat is considered to be agricultural under section3(f) of the Fair Labor Standards Act of

(29 U.S.C. 203(f)), agricultural laborunder section 3121(g) of the Internal RevenueCode of 1986, or the performance of agriculturallabor or services described in subparagraph

(H)(ii)(a), who meets the requirements ofsection 214A; or.''(ii) the spouse or minor child of an aliendescribed in clause (i) who is residing in theUnited States.''.

(b) REQUIREMENTS FOR ISSUANCE OF NONIMMIGRANTVISA."Chapter 2 of title II of the Immigrationand Nationality Act (8 U.S.C. 1181 et seq.) is amendedby inserting after section 214 the following:''SEC. 214A. ADMISSION OF AGRICULTURAL WORKERS.''(a) DEFINITIONS."In this section:''(1) AGRICULTURAL EMPLOYMENT."The term'agricultural employment' means any service or activitythat is considered to be agricultural under section3(f) of the Fair Labor Standards Act of 1938U.S.C. 203(f)) or agricultural labor under section3121(g) of the Internal Revenue Code of 1986or the performance of agricultural labor or servicesdescribed in section 101(a)(15)(H)(ii)(a).''(2) DEPARTMENT."The term 'Department'means the Department of Homeland Security.''(3) EMPLOYER."The term 'employer' meansany person or entity, including any farm labor contractorand any agricultural association, that employsworkers in agricultural employment.''(4) QUALIFIED DESIGNATED ENTITY."Theterm 'qualified designated entity' means".''(A) a qualified farm labor organization oran association of employers designated by theSecretary; or''(B) any such other person designated bythe Secretary if the Secretary determines suchperson is qualified and has substantial experience,demonstrated competence, and a historyof long-term involvement in the preparation andsubmission of applications for adjustment ofstatus under section 209, 210, or 245, the Actentitled 'An Act to adjust the status of Cubanrefugees to that of lawful permanent residentsof the United States, and for other purposes',approved November 2, 1966 (Public Law 89-732; 8 U.S.C. 1255 note), Public Law 95-145U.S.C. 1255 note), or the Immigration Reformand Control Act of 1986 (Public Law 99-603; 100 Stat. 3359) or any amendment madeby such Act.''(5) SECRETARY."Except as otherwise provided, the term 'Secretary' means the Secretary ofHomeland Security.''(6) TEMPORARY."A worker is employed on a'temporary' basis when the employment is intendednot to exceed 10 months..''(7) WORK DAY."The term 'work day' meansany day in which the individual is employed 5.75 ormore hours in agricultural employment.''(8) Z-A DEPENDENT VISA."The term 'Z-Adependent visa' means a nonimmigrant visa issuedpursuant to section 101(a)(15)(Z-A)(ii).''(9) Z-A VISA."The term 'Z-A visa' means anonimmigrant visa issued pursuant to section101(a)(15)(Z-A)(i).''(b) AUTHORIZATION FOR PRESENCE, EMPLOYMENT, AND TRAVEL IN THE UNITED STATES."''(1) IN GENERAL."An alien issued a Z-A visaor a Z-A dependent visa may remain in, and be employedin, the United States during the period suchvisa is valid.''(2) AUTHORIZED EMPLOYMENT."The Secretaryshall provide an alien who is issued a Z-Avisa or a Z-A dependent visa an employment authorizedendorsement or other appropriate work permit,in the same manner as an alien lawfully admittedfor permanent residence.''(3) AUTHORIZED TRAVEL."An alien who isissued a Z-A visa or a Z-A dependent visa is authorizedto travel outside the United States (includingcommuting to the United States from a resi.dence in a foreign country) in the same manner asan alien lawfully admitted for permanent residence.''(c) QUALIFICATIONS."''(1) Z-A VISA."Notwithstanding any otherprovision of law, the Secretary shall, pursuant to therequirements of this section, issued a Z-A visa to analien if the Secretary determines that the alien"''(A) has performed agricultural employmentin the United States for at least 863hours or 150 work days during the 24-monthperiod ending on December 31, 2006;''(B) applied for such status during the18-month application period beginning on thefirst day of the seventh month that begins afterthe date of the enactment of this Act;''(C) is admissible to the United Statesunder section 212, except as otherwise providedin paragraph (4);''(D) has not been convicted of any felonyor a misdemeanor, an element of which involvesbodily injury, threat of serious bodily injury, orharm to property in excess of $500; and''(E) meets the requirements of paragraph

(3)..''(2) Z-A DEPENDENT VISA."Notwithstandingany other provision of law, the Secretary shall issuea Z-A dependent visa to an alien who is"''(A) described in section 101(a)(15)(Z-A)(ii);''(B) meets the requirements of paragraph

(3); and''(C) is admissible to the United Statesunder section 212, except as otherwise providedin paragraph (4).''(3) SECURITY AND LAW ENFORCEMENT BACKGROUND CHECKS."''(A) FINGERPRINTS."An alien seeking aZ-A visa or a Z-A dependent visa shall submitfingerprints to the Secretary at such time andin manner as the Secretary may require.''(B) BACKGROUND CHECKS."The Secretaryshall utilize fingerprints provided undersubparagraph (A) and other biometric data providedby an alien to conduct a backgroundcheck of the alien, including searching thealien's criminal history and any law enforcementactions taken with respect to the alienand ensuring that the alien is not a risk to nationalsecurity..''(4) WAIVER OF CERTAIN GROUNDS OF INAD-MISSIBILITY."In the determination of an alien's eligibility for a Z-A visa or a Z-A dependent visa thefollowing shall apply:''(A) GROUNDS OF EXCLUSION NOT APPLI-CABLE."The provisions of paragraphs (5),

(6)(A), (7), and (9) of section 212(a) shall notapply.''(B) WAIVER OF OTHER GROUNDS."''(i) IN GENERAL."Except as providedin clause (ii), the Secretary maywaive any provision of section 212(a),other than the paragraphs described insubparagraph (A), in the case of individualaliens for humanitarian purposes, to ensurefamily unity, or if such waiver is otherwisein the public interest.''(ii) GROUNDS THAT MAY NOT BEWAIVED."Except as provided in subparagraph

(C), subparagraphs (A), (B), and

(C) of paragraph (2), and paragraphs (3) and (4) of section 212(a) may not bewaived by the Secretary under clause (i).''(iii) CONSTRUCTION."Nothing inthis subparagraph shall be construed as af.fecting the authority of the Secretary otherthan under this subparagraph to waiveprovisions of such section 212(a).''(C) SPECIAL RULE FOR DETERMINATIONOF PUBLIC CHARGE."An alien is not ineligiblefor a Z-A visa or a Z-A dependent visa by reasonof a ground of inadmissibility under section212(a)(4) if the alien demonstrates a history ofemployment in the United States evidencingself-support without reliance on public cash assistance.''(d) APPLICATION."''(1) IN GENERAL."An alien seeking a Z-Avisa shall submit an application to the Secretary forsuch a visa, including information regarding any Z-A dependent visa for the spouse of child of the alien.''(2) SUBMISSION."Applications for a Z-A visaunder paragraph (1) may be submitted"''(A) to the Secretary if the applicant isrepresented by an attorney or a nonprofit religious,charitable, social service, or similar organizationrecognized by the Board of ImmigrationAppeals under section 292.2 of title 8,Code of Federal Regulations (or similar successorregulations); or.''(B) to a qualified designated entity if theapplicant consents to the forwarding of the applicationto the Secretary.''(3) PROOF OF ELIGIBILITY."''(A) IN GENERAL."An alien may establishthat the alien meets the requirement for aZ-A visa through government employmentrecords or records supplied by employers or collectivebargaining organizations, and other reliabledocumentation as the alien may provide.The Secretary shall establish special proceduresto properly credit work in cases in which analien was employed under an assumed name.''(B) DOCUMENTATION OF WORK HISTORY."''(i) BURDEN OF PROOF."An alienapplying for a Z-A visa or applying for adjustmentof status described in subsection

(j) has the burden of proving by a preponderanceof the evidence that the alien hasperformed the requisite number of hours ordays of agricultural employment requiredfor such application or adjustment of status,as applicable..''(ii) TIMELY PRODUCTION OFRECORDS."If an employer or farm laborcontractor employing such an alien haskept proper and adequate records respectingsuch employment, the alien's burden ofproof under clause (i) may be met by securingtimely production of such recordsunder regulations to be promulgated by theSecretary.''(iii) SUFFICIENT EVIDENCE."Analien may meet the burden of proof underclause (i) to establish that the alien hasperformed the requisite number of hours ordays of agricultural employment by producingsufficient evidence to show the extentof that employment as a matter ofjust and reasonable inference.''(4) APPLICATIONS SUBMITTED TO QUALIFIEDDESIGNATED ENTITIES."''(A) REQUIREMENTS."Each qualifieddesignated entity shall agree"''(i) to forward to the Secretary anapplication submitted to that entity pursuant to paragraph (2)(B) if the alien for.whom the application is being submittedhas consented to such forwarding;''(ii) not to forward to the Secretaryany such application if such an alien hasnot consented to such forwarding; and''(iii) to assist an alien in obtainingdocumentation of the alien's work history,if the alien requests such assistance.''(B) NO AUTHORITY TO MAKE DETER-MINATIONS."No qualified designated entitymay make a determination required by this sectionto be made by the Secretary.''(5) APPLICATION FEES.""''(A) FEE SCHEDULE."The Secretaryshall provide for a schedule of fees that"''(i) shall be charged for applying fora Z-A visa under this section or for an adjustmentof status described in subsection

(j); and''(ii) may be charged by qualified designatedentities to help defray the costs ofservices provided to such aliens makingsuch an application.''(B) PROHIBITION ON EXCESS FEES BYQUALIFIED DESIGNATED ENTITIES."A quali.fied designated entity may not charge any feein excess of, or in addition to, the fees authorizedunder subparagraph (A)(ii) for servicesprovided to applicants.''(6) LIMITATION ON ACCESS TO INFORMATION."Files and records collected or compiled by aqualified designated entity for the purposes of thissection are confidential and the Secretary shall nothave access to such a file or record relating to analien without the consent of the alien, except as allowedby a court order.''(7) TREATMENT OF APPLICANTS."''(A) IN GENERAL."An alien who files anapplication under this section to receive a Z-Avisa and any spouse or child of the alien seekinga Z-A dependant visa, on the date describedin subparagraph (B)"''(i) shall be granted probationarybenefits in the form of employment authorizationpending final adjudication of thealien's application;''(ii) may in the Secretary's discretionreceive advance permission to re-enter theUnited States pursuant to existing regulationsgoverning advance parole;.''(iii) may not be detained for immigrationpurposes, determined inadmissibleor deportable, or removed pending final adjudicationof the alien's application, unlessthe alien is determined to be ineligible forZ-A visa; and''(iv) may not be considered an unauthorized alien (as defined in section 274A) until the date on which the alien's application for a Z-A visa is denied.''(B) TIMING OF PROBATIONARY BENEFITS."''(i) IN GENERAL."Subject to clause

(ii), an alien who submits an applicationfor a Z-A visa under this subsection, includingany evidence required under thissubsection, and any spouse or child of thealien seeking a Z-A dependent visa shallreceive the probationary benefits describedin clauses (i) through (iv) of subparagraph

(A) at the earlier of"''(I) the date and time that thealien has passed all appropriate backgroundchecks, including name andfingerprint checks; or.''(II) the end of the next businessday after the date that the Secretaryreceives the alien's application for aZ-A visa.''(ii) EXCEPTION."If the Secretarydetermines that the alien fails the backgroundchecks referred to in clause (i)(I),the alien may not be granted probationarybenefits described in clauses (i) through

(iv) of subparagraph (A).''(C) PROBATIONARY AUTHORIZATION DOC-UMENT."The Secretary shall provide each aliengranted probationary benefits described inclauses (i) through (iv) of subparagraph (A) with a counterfeit-resistant document that reflectsthe benefits and status set forth in subparagraph

(A). The Secretary may, by regulation,establish procedures for the issuance ofdocumentary evidence of probationary benefitsand, except as provided herein, the conditionsunder which such documentary evidence expires,terminates, or is renewed.''(D) CONSTRUCTION."Nothing in thissection may be construed to limit the Secretary'sauthority to conduct any appropriate.background and security checks subsequent toissuance of evidence of probationary benefitsunder this paragraph.''(8) TEMPORARY STAY OF REMOVAL AND WORKAUTHORIZATION FOR CERTAIN APPLICANTS."''(A) BEFORE APPLICATION PERIOD."Beginningon the date of the enactment of theAgJOBS Act of 2007, the Secretary shall providethat, in the case of an alien who is apprehendedprior to the first date of the applicationperiod described in subsection (c)(1)(B) andwho can establish a nonfrivolous case of eligibilityfor a Z-A visa (but for the fact that thealien may not apply for such status until thebeginning of such period), the alien"''(i) may not be removed; and''(ii) shall be granted authorization toengage in employment in the United Statesand be provided an employment authorizedendorsement or other appropriate workpermit for such purpose.''(B) DURING APPLICATION PERIOD."TheSecretary shall provide that, in the case of analien who presents a nonfrivolous applicationfor Z-A visa during the application period de.scribed in subsection (c)(1)(B), including analien who files such an application within 30days of the alien's apprehension, and until afinal determination on the application has beenmade in accordance with this section, thealien"''(i) may not be removed; and''(ii) shall be granted authorization toengage in employment in the United Statesand be provided an employment authorizedendorsement or other appropriate workpermit for such purpose.''(e) NUMERICAL LIMITATIONS."''(1) Z-A VISA."The Secretary may not issuemore than 1,500,000 Z-A visas.''(2) Z-A DEPENDENT VISA."The Secretarymay not count any Z-A dependent visa issuedagainst the numerical limitation described in paragraph

(1).''(f) EVIDENCE OF NONIMMIGRANT STATUS."''(1) IN GENERAL."Documentary evidence ofnonimmigrant status shall be issued to each aliengranted a Z-A visa or a Z-A dependent visa..''(2) FEATURES OF DOCUMENTATION."Documentary evidence of a Z-A visa or a Z-A dependentvisa"''(A) shall be machine-readable, tamper-resistant,and shall contain a digitized photographand other biometric identifiers that canbe authenticated;''(B) shall be designed in consultation withU.S. Immigration and Customs Enforcement'sForensic Document Laboratory;''(C) shall serve as a valid travel and entrydocument for an alien granted a Z-A visa or aZ-A dependent visa for the purpose of applyingfor admission to the United States where thealien is applying for admission at a port ofentry;''(D) may be accepted during the period ofits validity by an employer as evidence of employmentauthorization and identity under section274A; and''(E) shall be issued to the alien grantedthe visa by the Secretary promptly after finaladjudication of such alien's application for thevisa, except that an alien may not be granteda Z-A visa or a Z-A dependent visa until all.appropriate background checks on each alienare completed to the satisfaction of the Secretary.''(g) FINE."An alien granted a Z-A visa shall paya fine of $100 to the Secretary.''(h) TREATMENT OF ALIENS GRANTED A Z-AVISA."''(1) IN GENERAL."Except as otherwise providedunder this subsection, an alien issued a Z-Avisa or a Z-A dependent visa shall be considered tobe an alien lawfully admitted for permanent residencefor purposes of any law other than any provisionof this Act.''(2) DELAYED ELIGIBILITY FOR CERTAIN FEDERALPUBLIC BENEFITS."An alien issued a Z-Avisa shall not be eligible, by reason of such status,for any form of assistance or benefit described insection 403(a) of the Personal Responsibility andWork Opportunity Reconciliation Act of 1996 (8U.S.C. 1613(a)) until 5 years after the date onwhich the alien is granted an adjustment of statusunder subsection (d).''(3) TERMS OF EMPLOYMENT."''(A) PROHIBITION."No alien issued a Z-A visa may be terminated from employment by.any employer during the period of a Z-A visaexcept for just cause.''(B) TREATMENT OF COMPLAINTS."''(i) ESTABLISHMENT OF PROCESS."The Secretary shall establish a process forthe receipt, initial review, and dispositionof complaints by aliens issued a Z-A visawho allege that they have been terminatedwithout just cause. No proceeding shall beconducted under this subparagraph withrespect to a termination unless the Secretarydetermines that the complaint wasfiled not later than 6 months after thedate of the termination.''(ii) INITIATION OF ARBITRATION."If the Secretary finds that an alien hasfiled a complaint in accordance with clause

(i) and there is reasonable cause to believethat the alien was terminated from employmentwithout just cause, the Secretaryshall initiate binding arbitration proceedingsby requesting the Federal Mediationand Conciliation Service to appoint amutually agreeable arbitrator from the rosterof arbitrators maintained by such Serv.ice for the geographical area in which theemployer is located. The procedures andrules of such Service shall be applicable tothe selection of such arbitrator and to sucharbitration proceedings. The Secretaryshall pay the fee and expenses of the arbitrator,subject to the availability of appropriationsfor such purpose.''(iii) ARBITRATION PROCEEDINGS."The arbitrator shall conduct the proceedingunder this subparagraph in accordancewith the policies and procedures promulgatedby the American Arbitration Associationapplicable to private arbitrationof employment disputes. The arbitratorshall make findings respecting whether thetermination was for just cause. The arbitratormay not find that the terminationwas for just cause unless the employer sodemonstrates by a preponderance of theevidence. If the arbitrator finds that thetermination was not for just cause, the arbitratorshall make a specific finding of thenumber of days or hours of work lost bythe employee as a result of the termi.nation. The arbitrator shall have no authorityto order any other remedy, includingreinstatement, back pay, or front payto the affected employee. Not later than 30days after the date of the conclusion of thearbitration proceeding, the arbitrator shalltransmit the findings in the form of a writtenopinion to the parties to the arbitrationand the Secretary. Such findings shall befinal and conclusive, and no official orcourt of the United States shall have thepower or jurisdiction to review any suchfindings.''(iv) EFFECT OF ARBITRATION FIND-INGS."If the Secretary receives a findingof an arbitrator that an employer has terminatedthe employment of an alien who isissued a Z-A visa without just cause, theSecretary shall credit the alien for thenumber of days of work not performedduring such period of termination for thepurpose of determining if the alien meetsthe qualifying employment requirement ofsubsection (f)(2)..''(v) TREATMENT OF ATTORNEY'SFEES."Each party to an arbitration underthis subparagraph shall bear the cost oftheir own attorney's fees for the arbitration.''(vi) NONEXCLUSIVE REMEDY."Thecomplaint process provided for in this subparagraphis in addition to any otherrights an employee may have in accordancewith applicable law.''(vii) EFFECT ON OTHER ACTIONS ORPROCEEDINGS."Any finding of fact orlaw, judgment, conclusion, or final ordermade by an arbitrator in the proceedingbefore the Secretary shall not be conclusiveor binding in any separate or subsequentaction or proceeding between the employeeand the employee's current or prior employerbrought before an arbitrator, administrativeagency, court, or judge of anyState or the United States, regardless ofwhether the prior action was between thesame or related parties or involved thesame facts, except that the arbitrator'sspecific finding of the number of days or.hours of work lost by the employee as a resultof the employment termination may bereferred to the Secretary pursuant toclause (iv).''(4) RECORD OF EMPLOYMENT."''(A) IN GENERAL."Each employer of analien who is issued a Z-A visa shall annually"''(i) provide a written record of employment to the alien; and''(ii) provide a copy of such record tothe Secretary.''(B) CIVIL PENALTIES."''(i) IN GENERAL."If the Secretaryfinds, after notice and opportunity for ahearing, that an employer of an alienissued a Z-A visa has failed to provide therecord of employment required under subparagraph

(A) or has provided a falsestatement of material fact in such arecord, the employer shall be subject to acivil money penalty in an amount not toexceed $1,000 per violation.''(ii) LIMITATION."The penalty applicableunder clause (i) for failure to providerecords shall not apply unless the alien has.provided the employer with evidence of employmentauthorization granted under thissubsection.''(i) TERMINATION OF A GRANT OF Z-A VISA.."''(1) IN GENERAL."The Secretary may terminatea Z-A visa or a Z-A dependent visa issued toan alien only if the Secretary determines that thealien is deportable.''(2) GROUNDS FOR TERMINATION."Prior tothe date that an alien granted a Z-A visa or a Z-A dependent visa becomes eligible for adjustment ofstatus described in subsection (j), the Secretary maydeny adjustment to permanent resident status andprovide for termination of the alien's Z-A visa or Z-A dependent visa if"''(A) the Secretary finds, by a preponderanceof the evidence, that the issuance of a Z-A visa was the result of fraud or willful misrepresentation

(as described in section212(a)(6)(C)(i)); or''(B) the alien"''(i) commits an act that makes thealien inadmissible to the United States asan immigrant, except as provided undersubsection (c)(4);.''(ii) is convicted of a felony or 3 ormore misdemeanors committed in theUnited States;''(iii) is convicted of an offense, anelement of which involves bodily injury,threat of serious bodily injury, or harm toproperty in excess of $500; or''(iv) in the case of an alien issued aZ-A visa, fails to perform the agriculturalemployment described in subsection

(j)(1)(A) unless the alien was unable towork in agricultural employment due tothe extraordinary circumstances describedin subsection (j)(1)(A)(iii).''(3) REPORTING REQUIREMENT."The Secretaryshall promulgate regulations to ensure thatthe alien issued a Z-A visa complies with the qualifyingagricultural employment described in subsection

(j)(1)(A) at the end of the 5-year work period,which may include submission of an applicationpursuant to this subsection.''(j) ADJUSTMENT TO PERMANENT RESIDENCE."''(1) Z-A VISA."Except as provided in thissubsection, the Secretary shall award the maximumnumber of points available pursuant to section.203(b)(1) and adjust the status of an alien issueda Z-A visa to that of an alien lawfully admitted forpermanent residence under this Act, if the Secretarydetermines that the following requirements are satisfied:''(A) QUALIFYING EMPLOYMENT."''(i) IN GENERAL."Subject to clauses

(ii) and (iii), the alien has performed atleast"''(I) 5 years of agricultural employmentin the United States for atleast 100 work days per year, duringthe 5-year period beginning on thedate of the enactment of the AgJOBSAct of 2007; or''(II) 3 years of agricultural employmentin the United States for atleast 150 work days per year, duringthe 3-year period beginning on suchdate of enactment.''(ii) FOUR-YEAR PERIOD OF EMPLOY-MENT."An alien shall be considered tomeet the requirements of clause (i) if thealien has performed 4 years of agriculturalemployment in the United States for at.least 150 workdays during 3 years of thoseyears and at least 100 workdays duringthe remaining year, during the 4-year periodbeginning on such date of enactment.''(iii) EXTRAORDINARY CIR-CUMSTANCES."In determining whether analien has met the requirement of clause (i),the Secretary may credit the alien with notmore than 12 additional months to meetthe requirement of that clause if the alienwas unable to work in agricultural employmentdue to"''(I) pregnancy, injury, or disease,if the alien can establish suchpregnancy, disabling injury, or diseasethrough medical records;''(II) illness, disease, or otherspecial needs of a minor child, if thealien can establish such illness, disease,or special needs through medicalrecords; or''(III) severe weather conditionsthat prevented the alien from engagingin agricultural employment for asignificant period of time..''(B) PROOF."An alien may demonstratecompliance with the requirements of subparagraph

(A) by submitting"''(i) the record of employment describedin subsection (h)(4); or''(ii) such documentation as may besubmitted under subsection (d)(3).''(C) APPLICATION PERIOD."Not laterthan 8 years after the date of the enactment ofthe AgJOBS Act of 2007, the alien must"''(i) apply for adjustment of status; or''(ii) renew the alien's Z visa status asdescribed in section 601(k)(2).''(D) FINE."The alien pays to the Secretarya fine of $400.''(2) SPOUSES AND MINOR CHILDREN."Notwithstanding any other provision of law, the Secretaryshall confer the status of lawful permanentresident on the spouse and minor child of an aliengranted any adjustment of status under paragraph

(1), including any individual who was a minor childon the date such alien was granted a Z-A visa, ifthe spouse or minor child applies for such status, orif the principal alien includes the spouse or minor.child in an application for adjustment of status tothat of a lawful permanent resident.''(3) GROUNDS FOR DENIAL OF ADJUSTMENTOF STATUS."The Secretary may deny an aliengranted a Z-A visa or a Z-A dependent visa an adjustmentof status under this Act and provide fortermination of such visa if"''(A) the Secretary finds by a preponderanceof the evidence that grant of the Z-A visawas the result of fraud or willful misrepresentation

(as described in section 212(a)(6)(C)(i)); or''(B) the alien"''(i) commits an act that makes thealien inadmissible to the United Statesunder section 212, except as providedunder subsection (c)(4);''(ii) is convicted of a felony or 3 ormore misdemeanors committed in theUnited States; or''(iii) is convicted of an offense, anelement of which involves bodily injury,threat of serious bodily injury, or harm toproperty in excess of $500.''(4) GROUNDS FOR REMOVAL."Any aliengranted Z-A visa status who does not apply for ad.justment of status or renewal of Z status under sectionl01(k)(2) of the Secure Borders, EconomicOpportunity and Immigration Reform Act of 2007prior to the expiration of the application period describedin subsection (c)(1)(B) or who fails to meetthe other requirements of paragraph (1) by the endof the application period, is deportable and may beremoved under section 240.''(5) PAYMENT OF TAXES."''(A) IN GENERAL."Not later than thedate on which an alien's status is adjusted asdescribed in this subsection, the alien shall establishthat the alien does not owe any applicableFederal tax liability by establishing that"''(i) no such tax liability exists;''(ii) all such outstanding tax liabilitieshave been paid; or''(iii) the alien has entered into anagreement for payment of all outstandingliabilities with the Internal Revenue Service.''(B) APPLICABLE FEDERAL TAX LIABIL-ITY."In this paragraph, the term 'applicableFederal tax liability' means liability for Federaltaxes, including penalties and interest, owed for.any year during the period of employment requiredunder paragraph (1)(A) for which thestatutory period for assessment of any deficiencyfor such taxes has not expired.''(C) IRS COOPERATION."The Secretaryof the Treasury shall establish rules and proceduresunder which the Commissioner of InternalRevenue shall provide documentation to analien upon request to establish the payment ofall taxes required by this subsection.''(6) ENGLISH LANGUAGE."''(A) IN GENERAL."Not later than thedate on which a Z-A nonimmigrant's status isadjusted or renewed under section l01(k)(2) of the Secure Borders, Economic Opportunityand Immigration Reform Act of 2007, a Z-Anonimmigrant who is 18 years of age or oldershall pass the naturalization test described inparagraph (1) and (2) of section 312(a).''(B) EXCEPTION."The requirement ofsubparagraph (A) shall not apply to any personwho, on the date of the filing of the person'sapplication for an extension of Z-A nonimmigrantstatus".''(i) is unable because of physical ordevelopmental disability or mental impairmentto comply therewith;''(ii) is over 50 years of age and hasbeen living in the United States for periodstotaling at least 20 years; or''(iii) is over 55 years of age and hasbeen living in the United States for periodstotaling at least 15 years.''(7) PRIORITY OF APPLICATIONS."''(A) BACK OF LINE."An alien may notadjust status to that of a lawful permanentresident under this subsection until 30 daysafter the date on which an immigrant visa becomesavailable for approved petitions filedunder sections 201, 202, and 203 that werefiled before May 1, 2005 (referred to in thisparagraph as the 'processing date').''(B) OTHER APPLICANTS."The processingof applications for an adjustment of statusunder this subsection shall be processed notlater than 1 year after the processing date.''(C) CONSULAR APPLICATION."''(i) IN GENERAL."A Z-A nonimmigrant'sapplication for adjustment of.status to that of an alien lawfully admittedfor permanent residence shall be filed inperson with a United States consulateabroad.''(ii) PLACE OF APPLICATION."Unlessotherwise directed by the Secretary ofState, a Z-A nonimmigrant applying foradjustment of status under this paragraphshall make an application at a consular officein the alien's country of origin. TheSecretary of State shall direct a consularoffice in a country that is not a Z-A nonimmigrant'scountry of origin to accept anapplication for adjustment of status fromsuch an alien, where the Z-A nonimmigrant'scountry of origin is not contiguousto the United States, and as consularresources make possible.''(k) CONFIDENTIALITY OF INFORMATION."Applicants for Z-A nonimmigrant status under this sectionshall be afforded confidentiality as provided under sectionof the Secure Borders, Economic Opportunity andImmigration Reform Act of 2007.''(l) PENALTIES FOR FALSE STATEMENTS IN APPLICATIONS.".''(1) CRIMINAL PENALTY."Any person who"''(A) applies for a Z-A visa or a Z-A dependentvisa under this section or an adjustmentof status described in subsection (j) andknowingly and willfully falsifies, conceals, orcovers up a material fact or makes any false,fictitious, or fraudulent statements or representations,or makes or uses any false writing ordocument knowing the same to contain anyfalse, fictitious, or fraudulent statement orentry; or''(B) creates or supplies a false writing ordocument for use in making such an application,shall be fined in accordance with title 18, UnitedStates Code, imprisoned not more than 5 years, orboth.''(2) INADMISSIBILITY."An alien who is convictedof a crime under paragraph (1) shall be consideredto be inadmissible to the United States onthe ground described in section 212(a)(6)(C)(i).''(m) ELIGIBILITY FOR LEGAL SERVICES."Section504(a)(11) of Public Law 104-134 (110 Stat. 1321-54) shall not be construed to prevent a recipient of fundsunder the Legal Services Corporation Act (42 U.S.C. 2996.et seq.) from providing legal assistance directly related toan application for a Z-A visa under subsection (b) or anadjustment of status under subsection (j).''(n) ADMINISTRATIVE AND JUDICIAL REVIEW."Administrativeor judicial review of a determination on anapplication for a Z-A visa shall be such as is providedunder section l03 of the Secure Borders, Economic Opportunityand Immigration Reform Act of 2007.''(o) PUBLIC OUTREACH."Beginning not later thanthe first day of the application period described in subsection

(c)(1)(B), the Secretary shall cooperate with qualifieddesignated entities to broadly disseminate informationregarding the availability of Z-A visas, the benefits ofsuch visas, and the requirements to apply for and begranted such a visa.''.

(c) NUMERICAL LIMITATIONS."

(1) WORLDWIDE LEVEL OF IMMIGRATION."Section 201(b)(1) of the Immigration and NationalityAct (8 U.S.C. 1151(b)(1)), as amended by thisAct, is further amended"

(A) in subparagraph (A), by striking ''subparagraph

(A) or (B)'' and inserting ''subparagraph

(A), (B), or (N)''; and

(B) by adding at the end the following:.-''(N) Aliens issued a Z-A visa or a Z-A de2pendent visa (as those terms are defined in section214A) who receive an adjustment of status to thatof an alien lawfully admitted for permanent resi5dence.''.

(2) NUMERICAL LIMITATIONS ON INDIVIDUALFOREIGN STATES."Section 202(a) of such Act (8U.S.C. 1152) is amended by adding at the end thefollowing:''(6) SPECIAL RULE FOR Z-A NON11IMMIGRANTS."An immigrant visa may be madeavailable to an alien issued a Z-A visa or a Z-A de13pendent visa (as those terms are defined in section214A) without regard to the numerical limitations ofthis section.''.

(d) CLERICAL AMENDMENT."The table of contentsof the Immigration and Nationality Act (8 U.S.C. 1101et seq.) is amended by inserting after the item relatingto section 214 the following:''Sec. 214A. Admission of agricultural workers.''.

OP Dave
2007-06-27 00:33:18

Totally unlimited immigration under this section makes border control completely meaningless. All Al Queida has to do is furnish their agents with pitchforks, and they can flood our country with an unlimited number of mad bombers.

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