§1160 Special agricultural workers

Summary

The Attorney General must give temporary legal resident status to a noncitizen who applies during the 18-month period beginning on the first day of the seventh month that begins after November 6, 1986, and who proves three things: that they lived in the United States, that they did at least 90 man-days of seasonal agricultural work in the United States, and that they are admissible to the United States as an immigrant (with some exceptions allowed by the law). While in temporary resident status the person may travel abroad, work in the United States, and must be given an “employment authorized” endorsement or similar work permit. The Attorney General must later make them a lawful permanent resident either after a one-year or a two-year waiting period measured from the later of the date temporary status was granted or the day after the application period ended. The one-year timing applies to people who show they did at least 90 man-days of work in each of the 12-month periods ending on May 1, 1984, 1985, and 1986, but that one-year rule can apply to no more than 350,000 people; the rest move forward under the two-year rule. Temporary status may be ended only if the person is found deportable, or if the Attorney General proves by a preponderance of the evidence that the temporary status came from fraud or willful misrepresentation, or the person becomes inadmissible as an immigrant or is convicted of a felony or three or more misdemeanors. Applications may be filed with the Attorney General, with approved community or farm-worker groups that will forward the application with the applicant’s consent, or at certain U.S. consular offices abroad. Work history can be proved with government or employer records, union records, or other reliable proof; the applicant has the burden to show the required man-days, though employer records can satisfy that burden if produced. Files held by designated groups are confidential and may not be used except to decide the application, with limited exceptions for law enforcement or coroner identification; anyone who knowingly misuses or publishes protected application information can be fined up to $10,000. Knowingly lying on an application or using false documents is a crime and can make a person inadmissible under the law. The usual numerical visa limits do not apply to adjustment under this rule. Some grounds for inadmissibility may be waived for humanitarian reasons, family unity, or public interest, but certain criminal, public-charge, serious drug, and security grounds cannot be waived; simple possession of 30 grams or less of marihuana is excepted from one drug prohibition. If an eligible person is detained before the application period begins or files a nonfrivolous application during the period, they may not be deported while the application is being filed or decided, and they must be allowed to work. Denials get one level of administrative appeal and limited judicial review based on the record. For five years after getting temporary resident status, the person is not eligible for state cash-assistance programs funded under part A of title IV of the Social Security Act. “Seasonal agricultural services” means field work like planting, cultivating, growing, and harvesting fruits, vegetables, and other perishable crops, as defined by the Secretary of Agriculture.