Agricultural Job Opportunity, Benefits, and Security Act of 2003 (AgJOBS) |
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Detailed Table of ContentsSECTION 1. SHORT TITLE; TABLE OF CONTENTS.
2(1) AGRICULTURAL EMPLOYMENT 2(2) EMPLOYER 2(3) JOB OPPORTUNITY 2(4) SECRETARY 2(5) TEMPORARY 2(6) UNITED STATES WORKER 2(7) WORK DAY
101(a) TEMPORARY RESIDENT STATUS 101(a)(1) IN GENERAL 101(a)(1)(A) PERFORMANCE OF AGRICULTURAL EMPLOYMENT IN THE UNITED STATES 101(a)(1)(B) APPLICATION PERIOD 101(a)(1)(C) ADMISSIBLE AS IMMIGRANT 101(a)(2) AUTHORIZED TRAVEL 101(a)(3) AUTHORIZED EMPLOYMENT 101(a)(4) TERMINATION OF TEMPORARY RESIDENT STATUS 101(a)(5) RECORD OF EMPLOYMENT 101(a)(5)(A) IN GENERAL 101(a)(5)(B) SUNSET 101(b) RIGHTS OF ALIENS GRANTED TEMPORARY RESIDENT STATUS 101(b)(1) IN GENERAL 101(b)(2) TERMS OF EMPLOYMENT RESPECTING ALIENS ADMITTED UNDER THIS SECTION 101(b)(2)(A) PROHIBITION {No alien granted status under subsection (a) may be terminated from employment by any employer during the period of temporary resident status except for just cause.} 101(b)(2)(B) TREATMENT OF COMPLAINTS 101(b)(2)(B)(i) ESTABLISHMENT OF PROCESS 101(b)(2)(B)(ii) INITIATION OF ARBITRATION 101(b)(2)(B)(iii) ARBITRATION PROCEEDINGS 101(b)(2)(B)(iv) EFFECT OF ARBITRATION FINDINGS 101(b)(2)(B)(v) TREATMENT OF ATTORNEY'S FEES 101(b)(2)(B)(vi) NONEXCLUSIVE REMEDY 101(b)(2)(B)(vii) EFFECT ON OTHER ACTIONS OR PROCEEDINGS 101(b)(2)(C) CIVIL PENALTIES 101(b)(2)(C)(i) IN GENERAL 101(b)(2)(C)(ii) LIMITATION 101(c) ADJUSTMENT TO PERMANENT RESIDENCE 101(c)(1) AGRICULTURAL WORKERS 101(c)(1)(A) IN GENERAL 101(c)(1)(A)(i) QUALIFYING EMPLOYMENT - The alien has performed at least 2,060 hours or 360 work days, whichever is less, of agricultural employment in the United States, during the period beginning on September 1, 2003, and ending on August 31, 2009. 101(c)(1)(A)(ii) QUALIFYING YEARS - The alien has performed at least 430 hours or 75 work days, whichever is less, of agricultural employment in the United States in at least 3 nonoverlapping periods of 12 consecutive months during the period beginning on September 1, 2003, and ending on August 31, 2009. Qualifying periods under this clause may include nonconsecutive 12-month periods. 101(c)(1)(A)(iii) QUALIFYING WORK IN FIRST 3 YEARS - The alien has performed at least 1,380 hours or 240 work days, whichever is less, of agricultural employment during the period beginning on September 1, 2003, and ending on August 31, 2006. 101(c)(1)(A)(iv) APPLICATION PERIOD 101(c)(1)(A)(v) PROOF 101(c)(1)(A)(vi) DISABILITY 101(c)(1)(B) GROUNDS FOR DENIAL OF ADJUSTMENT OF STATUS 101(c)(1)(C) GROUNDS FOR REMOVAL 101(c)(2) SPOUSES AND MINOR CHILDREN 101(c)(2)(A) IN GENERAL 101(c)(2)(B) TREATMENT OF SPOUSES AND MINOR CHILDREN PRIOR TO ADJUSTMENT OF STATUS 101(d) APPLICATIONS 101(d)(1) TO WHOM MAY BE MADE 101(d)(1)(A) WITHIN THE UNITED STATES 101(d)(1)(A)(i) Applications for temporary resident status 101(d)(1)(A)(i)(I) with Secretary through an attorney 101(d)(1)(A)(i)(II) with a qualified designated entity 101(d)(1)(A)(ii) Applications for adjustment of status 101(d)(1)(B) OUTSIDE THE UNITED STATES 101(d)(1)(C) PRELIMINARY APPLICATIONS 101(d)(1)(D) TRAVEL DOCUMENTATION 101(d)(2) DESIGNATION OF ENTITIES TO RECEIVE APPLICATIONS 101(d)(2)(A) IN GENERAL 101(d)(2)(A)(i) - qualified farm labor organizations and associations of employers 101(d)(2)(A)(ii) - Other 101(d)(2)(B) REFERENCES 101(d)(3) PROOF OF ELIGIBILITY 101(d)(3)(A) IN GENERAL 101(d)(3)(B) DOCUMENTATION OF WORK HISTORY 101(d)(4) TREATMENT OF APPLICATIONS BY QUALIFIED DESIGNATED ENTITIES 101(d)(5) LIMITATION ON ACCESS TO INFORMATION 101(d)(6) CONFIDENTIALITY OF INFORMATION 101(d)(6)(A) IN GENERAL 101(d)(6)(B) CRIME {Breach of Confidentiality} 101(d)(7) PENALTIES FOR FALSE STATEMENTS IN APPLICATIONS 101(d)(8) ELIGIBILITY FOR LEGAL SERVICES 101(d)(9) APPLICATION FEES 101(e) WAIVER OF NUMERICAL LIMITATIONS AND CERTAIN GROUNDS FOR INADMISSIBILITY 101(e)(1) NUMERICAL LIMITATIONS DO NOT APPLY 101(e)(2) WAIVER OF CERTAIN GROUNDS OF INADMISSIBILITY 101(e)(2)(A) GROUNDS OF EXCLUSION NOT APPLICABLE 101(e)(2)(B) WAIVER OF OTHER GROUNDS 101(e)(2)(C) SPECIAL RULE FOR DETERMINATION OF PUBLIC CHARGE 101(f) TEMPORARY STAY OF REMOVAL AND WORK AUTHORIZATION FOR CERTAIN APPLICANTS 101(f)(1) BEFORE APPLICATION PERIOD 101(f)(2) DURING APPLICATION PERIOD 101(g) ADMINISTRATIVE AND JUDICIAL REVIEW 101(h) DISSEMINATION OF INFORMATION ON ADJUSTMENT PROGRAM 101(i) REGULATIONS 101(j) EFFECTIVE DATE 101(k) FUNDING H-2A EMPLOYER APPLICATIONS -SEC. 218. (a) APPLICATIONS TO THE SECRETARY OF LABOR- 8 U.S.C. 1188(a) 218(a) APPLICATIONS TO THE SECRETARY OF LABOR- (1) IN GENERAL- (2) ACCOMPANIED BY JOB OFFER\ 218(b) ASSURANCES FOR INCLUSION IN APPLICATIONS- \ (1) JOB OPPORTUNITIES COVERED BY COLLECTIVE BARGAINING AGREEMENTS- (2) JOB OPPORTUNITIES NOT COVERED BY COLLECTIVE BARGAINING AGREEMENTS- (A) STRIKE OR LOCKOUT-. (B) TEMPORARY OR SEASONAL JOB OPPORTUNITIES- (C) BENEFIT, WAGE, AND WORKING CONDITIONS (D) NONDISPLACEMENT OF UNITED STATES WORKERS (E) REQUIREMENTS FOR PLACEMENT OF NONIMMIGRANT WITH OTHER EMPLOYERS (F) STATEMENT OF LIABILITY (G) PROVISION OF INSURANCE (H) EMPLOYMENT OF UNITED STATES WORKERS- (i) RECRUITMENT- (I) CONTACTING FORMER WORKERS- (II) FILING A JOB OFFER WITH THE LOCAL OFFICE OF THE STATE EMPLOYMENT SECURITY AGENCY- (III) ADVERTISING OF JOB OPPORTUNITIES- (IV) EMERGENCY PROCEDURES- (ii) JOB OFFERS- (iii) PERIOD OF EMPLOYMENT- (I) PROHIBITION- (II) COMPLAINTS- (III) PLACEMENT OF UNITED STATES WORKERS- (iv) STATUTORY CONSTRUCTION- 218(c) APPLICATIONS BY ASSOCIATIONS ON BEHALF OF EMPLOYER MEMBERS- (1) IN GENERAL- (2) TREATMENT OF ASSOCIATIONS ACTING AS EMPLOYERS- APPLICATIONS- 218(d) WITHDRAWAL OF APPLICATIONS- (1) IN GENERAL- (2) LIMITATION- \ (3) OBLIGATIONS UNDER OTHER STATUTES- 218(e) REVIEW AND APPROVAL OF APPLICATIONS- (1) RESPONSIBILITY OF EMPLOYERS- (2) RESPONSIBILITY OF THE SECRETARY OF LABOR- (A) COMPILATION OF LIST- (B) REVIEW OF APPLICATIONS- H-2A EMPLOYMENT REQUIREMENTS
PROCEDURE FOR ADMISSION AND EXTENSION OF STAY OF H-2A WORKERSWORKER PROTECTIONS AND LABOR STANDARDS ENFORCEMENT |