HR4748-119

2. Eligibility for certain aliens performing agricultural labor or services to apply for agricultural worker nonimmigrant status During the covered period, grounds of inadmissibility under subsection (a)(6), (7), and (9) of section 212 of the Immigration and Nationality Act is (8 U.S.C. 1182) shall not apply to a covered alien who— departs from the United States; or was removed from the United States prior to the date of enactment of this Act under a ground described in subsection (b); and is seeking admission to the United States under this section as a nonimmigrant to perform agricultural labor or services described in such a section 101(a)(15)(H)(ii)(a) (whether or not of a temporary or seasonal nature), after the date that is 30 days after such departure or removal. During the covered period, the grounds of removability under paragraph (1)(A), (B), or (C), or paragraph (3) of section 237(a) of the Immigration and Nationality Act (8 U.S.C. 1227) shall not apply to a covered alien. An alien seeking admission to the United States under this section, and an employer petitioning for such alien’s admission to the United States, shall each pay a fee in an amount determined appropriate by the Secretary of Labor, but not less than $2,500. An employer of a covered alien shall be immune from prosecution under section 274A of the Immigration and Nationality Act (8 U.S.C. 1324A) with respect to the employment of such alien. A covered alien shall be immune from prosecution under sections 275 and 276 of the Immigration and Nationality Act (8 U.S.C. 1325, 1326) for any conduct prior to the date on which the alien seeks admission to the United States under subsection (a)(2). The period of authorized admission for an alien admitted under this section shall not exceed 3 years, and may be renewed for additional 3-year periods. In this Act: The term covered period means the period beginning on the date of enactment of this Act, and ending on the date that is 3 years after the date of enactment of this Act. The term covered alien means an alien who— during the period beginning on January 1, 2021, and ending on the date of the alien’s departure or removal from the United States, performed agricultural labor or services described in such a section 101(a)(15)(H)(ii)(a) in the United States for a total of not less than 2 years, whether or not the alien was lawfully present in the United States during such period; and while present in the United States, did not unlawfully receive a Federal public benefit (as such term is defined in section 401(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611(c))) or a State or local public benefit (as such term is defined in section 411(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1621(c))).