QUESTIONS AND ANSWERS ABOUT THE PROPOSAL OF LEGALIZATION FOR AGRICULTURAL WORKERS
- Is there an "amnesty" for agricultural workers?
No, there is no new law that will legalize agricultural workers. There is a proposal for a law that has been presented to Congress (S. 1645 and H.R. 3142). There is a good possibility that this proposal will become law next year because it represents an agreement between ranchers and agricultural unions.
- I am an agricultural worker. Should I do anything right now?
Yes, we recommend that agricultural workers begin to do two things immediately:
- OBTAIN DOCUMENTS that prove that you have met the requirements of this proposal. To qualify for temporary residence through this proposal, the worker must prove that: he/she has worked 100 days during 1 year (12 months) during the 18 month period that ended August 31, 2003. This period began March 1st, 2002.EXAMPLE: Juan worked 105 days during the period of 1 year between July, 2002 and the end of June, 2003, for which reason he meets the requirements for temporary residence and should collect the following:
- If he works for a rancher/farmer directly and is paid my check, he should keep proof of payment including W-2 forms and check stubs.
- If he works for a contractor, he should collect and keep proof of the work he has done.
- If he was paid in cash, he should collect and keep the following:
* Names and addresses of the workers that have worked with him
* Names and addresses of the owners of stores where he has bought things
- If Juan did not pay taxes in the year 2002, he should get an ITIN number and pay taxes for the money he earned even though his wage may have been paid in cash.
- It is necessary to join others who are fighting to make sure this bill becomes law
- When to I have to hand in my application?
The application period will begin 6 months after the law takes effect and will last 18 months.
- Will I gain permanent residency (a green card) through this application?
No, first you will qualify for temporary permission. Later, you may apply for permanent residency. For a green card (permanent residency), you will have to work:
* 360 days during 6 years
* 240 days during the first 3 years
* 75 days per year during 3 years
(From: National Immigration Project list service) |