S.1038 - Agricultural Job Opportunities, Benefits, and Security Act of 2009111th Congress (2009-2010)
Summary: S.1038 — 111th Congress (2009-2010)
Introduced in Senate (05/14/2009)
Agricultural Job Opportunities, Benefits, and Security Act of 2009 or the AgJOBS Act of 2009 - Directs the Secretary of Homeland Security (DHS) to confer "blue card status" upon an alien who: (1) has performed agricultural employment in the United States for at least 863 hours or 150 work days during the 24-month period ending on December 31, 2008; (2) applied for such status during the 18-month application period beginning on the first day of the seventh month that begins after the date of enactment of this Act; (3) is otherwise admissible to the United States; and (4) has not been convicted of any felony or a misdemeanor, an element of which involves bodily injury, threat of serious bodily injury, or harm to property in excess of $500.
Limits the number of blue cards that may be issued during the five-year period beginning on the date of the enactment of this Act.
Directs the Secretary to adjust a blue card alien (and spouse and minor children) to permanent resident status if the alien has fulfilled specified periods of agricultural employment.
Amends the Social Security Act to exempt blue card aliens from prosecution for social security-related identity or payment false statements if such conduct occurred prior to the granting of blue card status.
Amends the Immigration and Nationality Act to revise H-2A visa (agricultural labor or temporary or seasonal services) provisions. Replaces the existing labor certification requirement with a labor attestation requirement containing: (1) a description of the nature and location of the job; (2) the job's expected beginning and ending dates; (3) the number of jobs; and (4) specified labor assurances respecting job opportunities covered by collective bargaining agreements and non-covered job opportunities.