§2. Eligibility for certain aliens performing agricultural labor or services to apply for agricultural worker nonimmigrant status
This section establishes, during a covered period beginning on the date of enactment through three years thereafter, a waiver of specified inadmissibility grounds under INA §212(a)(6), (7), and (9) (i.e., misrepresentation, documentation requirements, and unlawful presence) and removability grounds under INA §237(a)(1)(A), (B), (C), or (3) (i.e., presence in violation of status, unlawful entry, failure to maintain status, and failure to register) for covered aliens seeking H-2A nonimmigrant status to perform agricultural labor or services. A covered alien is one who performed such labor for at least two years total between January 1, 2021, and departure or removal from the United States—whether or not lawfully present—and who did not unlawfully receive federal, state, or local public benefits. To qualify, the alien must depart the United States or have been previously removed under a waived removability ground, then seek admission after 30 days; the alien and employer must each pay a fee of at least $2,500 (as set by the Secretary of Labor); employers receive immunity from prosecution under INA §274A for employing the alien; covered aliens receive immunity from prosecution under INA §§275 and 276 for conduct prior to seeking admission; and admission is authorized for up to three years, renewable for additional three-year periods. (Thus, the provision enables certain long-term unauthorized agricultural workers to obtain temporary legal status after a brief departure.)