30 days of the application period to complete the filing of an application for adjustment, the alien

(A) may not be excluded or deported, and (B) shall be granted authorization to engage in employment in the United States and be provided an "employment authorized" endorsement or other appropriate work permit.

(2) During application period

The Attorney General shall provide that in the case of an alien who presents a nonfrivolous application for adjustment of status under subsection (a) of this section during the application period, and until a final determination on the application has been made in accordance with this section, the alien

(A) may not be excluded or deported, and (B) shall be granted authorization to engage in employment in the United States and be provided an “employment authorized" endorsement or other appropriate work permit.

(3) Use of application fees to offset program costs No application fees collected by the Service pursuant to this subsection may be used by the Service to offset the costs of the special agricultural worker legalization program until the Service implements the program consistent with the statutory mandate as follows:

(A) During the application period described in subsection (a)(1)(A) of this section the Service may grant temporary admission to the United States, work authorization, and provide an "employment authorized" endorsement or other appropriate work permit to any alien who presents a preliminary application for adjustment of status under subsection (a) of this section at a designated port of entry on the southern land border. An alien who does not enter through a port of entry is subject to deportation and removal as otherwise provided in this chapter.

(B) During the application period described in subsection (a)(1)(A) of this section any alien who has filed an application for adjustment of status within the United States as provided in subsection (b)(1)(A) of this section pursuant to the provision of 8 CFR section 210.1(j) is subject to paragraph (2) of this subsection.

(C) A preliminary application is defined as a fully completed and signed application with fee and photographs which contains specific information concerning the performance of qualifying employment in the United States and the documentary evidence which the applicant intends to submit as proof of such employment. The applicant must be otherwise admissible to the United States and must establish to the satisfaction of the examining officer during an interview that his or her claim to eligibility for special agriculture worker status is

credible.

(e) Administrative and judicial review

(1) Administrative and judicial review
There shall be no administrative or judicial
review of a determination respecting an appli-

cation for adjustment of status under this section except in accordance with this subsection.

(2) Administrative review

(A) Single level of administrative appellate review

The Attorney General shall establish an appellate authority to provide for a single level of administrative appellate review of such a determination.

(B) Standard for review

Such administrative appellate review shall be based solely upon the administrative record established at the time of the determination on the application and upon such additional or newly discovered evidence as may not have been available at the time of the determination.

(3) Judicial review

(A) Limitation to review of exclusion or deportation

There shall be judicial review of such a denial only in the judicial review of an order of exclusion or 'deportation under section 1105a of this title.

(B) Standard for judicial review

Such judicial review shall be based solely upon the administrative record established at the time of the review by the appellate authority and the findings of fact and determinations contained in such record shall be conclusive unless the applicant can establish abuse of discretion or that the findings are directly contrary to clear and convincing facts contained in the record considered as a whole.

(f) Temporary disqualification of newly legalized aliens from receiving aid to families with dependent children

During the five-year period beginning on the date an alien was granted lawful temporary resident status under subsection (a) of this section, and notwithstanding any other provision of law, the alien is not eligible for aid under a State plan approved under part A of title IV of the Social Security Act [42 U.S.C. 601 et seq.]. Notwithstanding the previous sentence, in the case of an alien who would be eligible for aid under a State plan approved under part A of title IV of the Social Security Act but for the previous sentence, the provisions of paragraph (3) of section 1255a(h) of this title shall apply in the same manner as they apply with respect to paragraph (1) of such section and, for this purpose, any reference in section 1255a(h)(3) of this title to paragraph (1) is deemed a reference to the previous sentence.

(g) Treatment of special agricultural workers

For all purposes (subject to subsections (a)(5) and (f) of this section) an alien whose status is adjusted under this section to that of an alien lawfully admitted for permanent residence, such status not having changed, shall be considered to be an alien lawfully admitted for per

EFFECTIVE DATE OF 1991 AMENDMENT

Section 307(j) of Pub. L. 102-232 provided that the amendment made by that section is effective as if included in section 603(a)(5) of the Immigration Act of 1990, Pub. L. 101-649.

EFFECTIVE Date of 1990 AMENDMENT Amendment by Pub. L. 101-649 applicable to applications for adjustment of status made on or after June 1, 1991, see section 601(e)(2) of Pub. L. 101-649, set out as a note under section 1101 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-525 effective as if included in enactment of Immigration Reform and Control Act of 1986, Pub. L. 99-603, see section 2(s) of Pub. L. 100-525, set out as a note under section 1101 of this title.

COMMISSION on AgricuLTURAL WORKERS

Section 304 of Pub. L. 99-603, as amended by Pub. L. 101-649, title VII, § 704, Nov. 29, 1990, 104 Stat. 5086; Pub. L. 102-232, title III, § 308(c), Dec. 12, 1991, 105 Stat. 1757, provided that:

"(a) ESTABLISHMENT AND COMPOSITION OF COMMISSION.-(1) There is established a Commission on Agricultural Workers (hereinafter in this section referred to as the 'Commission'), to be composed of 12 members

"(A) six to be appointed by the President, "(B) three to be appointed by the Speaker of the House of Representatives, and

"(C) three to be appointed by the President pro tempore of the Senate.

"(2) In making appointments under paragraph (1)(A), the President shall consult

"(A) with the Attorney General in appointing two members,

"(B) with the Secretary of Labor in appointing two members, and

"(C) with the Secretary of Agriculture in appointing two members.

"(3) A vacancy in the Commission shall be filled in the same manner in which the original appointment was made.

"(4) Members shall be appointed to serve for the life of the Commission.

"(b) FUNCTIONS OF COMMISSION.-(1) The Commission shall review the following:

"(A) The impact of the special agricultural worker provisions on the wages and working conditions of domestic farmworkers, on the adequacy of the supply of agricultural labor, and on the ability of agricultural workers to organize.

"(B) The extent to which aliens who have obtained lawful permanent or temporary resident status under the special agricultural worker provisions continue to perform seasonal agricultural services and the requirement that aliens who become special agricultural workers under section 210A of the Immigration and Nationality Act [8 U.S.C. 1161] perform 90 man-days of seasonal agricultural services for certain periods in order to avoid deportation or to become naturalized.

"(C) The impact of the legalization program and the employers' sanctions on the supply of agricultural labor.

"(D) The extent to which the agricultural industry relies on the employment of a temporary workforce. "(E) The adequacy of the supply of agricultural labor in the United States and whether this supply needs to be further supplemented with foreign labor and the appropriateness of the numerical limitation on additional special agricultural workers imposed under section 210A(b) of the Immigration and Nationality Act [8 U.S.C. 1161(b)].

"(F) The extent of unemployment and underemployment of farmworkers who are United States citizens or aliens lawfully admitted for permanent residence.

"(G) The extent to which the problems of agricultural employers in securing labor are related to the lack of modern labor-management techniques in agriculture.

"(H) Whether certain geographic regions need special programs or provisions to meet their unique needs for agricultural labor.

"(I) Impact of the special agricultural worker provisions on the ability of crops harvested in the United States to compete in international markets. "(2) The Commission shall conduct an overall evaluation of the special agricultural worker provisions, including the process for determining whether or not an agricultural labor shortage exists.

"(c) REPORT TO CONGRESS.-The Commission shall report to the Congress not later than six years after the date of the enactment of this Act [Nov. 6, 1986] on its reviews under subsection (b). The Commission shall include in its report recommendations for appropriate changes that should be made in the special agricultural worker provisions.

"(d) COMPENSATION OF MEMBERS.-(1) Each member of the Commission who is not an officer or employee of the Federal Government is entitled to receive, subject to such amounts as are provided in advance in appropriations Acts, the daily equivalent of the minimum annual rate of basic pay in effect for grade GS-18 of the General Schedule for each day (including traveltime) during which the member is engaged in the actual performance of duties of the Commission. Each member of the Commission who is such an officer or employee shall serve without additional pay.

"(2) While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence.

"(e) MEETINGS OF COMMISSION.—(1) Five members of the Commission shall constitute a quorum, but a lesser number may hold hearings.

"(2) The Chairman and the Vice Chairman of the Commission shall be elected by the members of the Commission for the life of the Commission.

"(3) The Commission shall meet at the call of the Chairman or a majority of its members.

“(f) STAFF.—(1) The Chairman, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other additional personnel as may be necessary to enable the Commission to carry out its functions, without regard to the laws, rules, and regulations governing appointment and compensation and other conditions of service in the competitive service. Any Federal employee subject to those laws, rules, and regulations may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.

"(2) The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the minimum annual rate of basic pay payable for GS-18 of the General Schedule.

"(g) AUTHORITY OF COMMISSION.—(1) The Commission may for the purpose of carrying out this section, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers appropriate.

"(2) The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this section. Upon request of the Chairman, the head of such department or agency shall furnish such information to the Commission.

"(3) The Commission may accept, use, and dispose of gifts or donations of services or property.

"(4) The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States.

"(5) The Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request.

"(h) AUTHORIZATION OF APPROPRIATIONS.-(1) There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this section. "(2) Notwithstanding any other provision of this section, the authority to make payments, or to enter into contracts, under this section shall be effective only to such extent, or in such amounts, as are provided in advance in appropriations Acts.

"(i) TERMINATION DATE.-The Commission shall cease to exist at the end of the 75-month period beginning with the month after the month in which this Act is enacted [November 1986].

"(j) DEFINITIONS.-In this section:

"(1) The term ‘employer sanctions' means the provisions of section 274A of the Immigration and Nationality Act [8 U.S.C. 1324a).

"(2) The term 'legalization program' refers to the provisions of section 245A of the Immigration and Nationality Act [8 U.S.C. 1255a).

"(3) The term 'seasonal agricultural services' has the meaning given such term in section 210(h) of the Immigration and Nationality Act [8 U.S.C. 1160(h)].

"(4) The term 'special agricultural worker provisions' refers to sections 210 and 210A of the Immigration and Nationality Act [8 U.S.C. 1160, 1161]." [References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the Gen

eral Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376 of Title 5.]

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1151, 1182, 1324a, 1324b of this title; title 42 sections 408, 602, 672. § 1161. Repealed. Pub. L. 103-416, title II, § 219(ee)(1), Oct. 25, 1994, 108 Stat. 4319

Section, act June 27, 1952, ch. 477, title II, ch. 1, § 210A, as added Nov. 6, 1986, Pub. L. 99-603, title III, § 303(a), 100 Stat. 3422; amended Oct. 24, 1988, Pub. L. 100-525, § 2(n)(1), 102 Stat. 2613; Nov. 29, 1990, Pub. L. 101-649, title VI, § 603(a)(6), (b)(1), 104 Stat. 5083, 5085; Dec. 12, 1991, Pub. L. 102-232, title III, § 307(1)(2), 105 Stat. 1756, related to determination of agricultural labor shortages and admission of additional special agricultural workers.

EFFECTIVE DATE OF 1965 Amendment

For effective date of amendment by Pub. L. 89-236, see section 20 of Pub. L. 89-236, set out as a note under section 1151 of this title.

Definition of alien, application for admission, Attorney General, immigrant, immigrant visa, lawfully admitted for permanent residence, national, parent, passport, and United States, see section 1101 of this title.

Reentry permit, see section 1203 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1151, 1182, 1230 of this title.