Page:United States Statutes at Large Volume 100 Part 4.djvu/1073

 PUBLIC LAW 99-603—NOV. 6, 1986

100 STAT. 3419

organizations, and associations of agricultural employers, and "(B) may designate such other persons as the Attorney General determines are qualified and have substantial experience, demonstrated competence, and traditional longterm involvement in the preparation and submittal of applications for adjustment of status under section 209 or 245, Public Law 89-732, or Public Law 95-145. "(3) PROOF OF ELIGIBILITY.— "(A) IN GENERAL.—An alien may establish that he meets the requirement of subsection (a)(l)(B)(ii) through government employment records, records supplied by employers or collective bargaining organizations, and such other reliable documentation as the alien may provide. The Attorney General shall establish special procedures to credit properly work in cases in which an alien was employed under an assumed name. "(B) DOCUMENTATION OF WORK HISTORY.—(i) An alien applying for adjustment of status under subsection (a)(1) has the burden of proving by a preponderance of the evidence that the alien has worked the requisite number of man-days (as required under subsection (a)(l)(B)(ii)). "(ii) If an employer or farm labor contractor employing such an alien has kept proper and adequate records respecting such employment, the alien's burden of proof under clause (i) may be met by securing timely production of those records under regulations to be promulgated by the Attorney General. "(iii) An alien can meet such burden of proof if the alien establishes that the alien has in fact performed the work described in subsection (a)(l)(B)(ii) by producing sufficient evidence to show the extent of that employment as a matter of just and reasonable inference. In such a case, the burden then shifts to the Attorney General to disprove the alien's evidence with a showing which negates the reasonableness of the inference to be drawn from the evidence. "(4) TREATMENT OF APPLICATIONS BY DESIGNATED ENTITIES.—

Each designated entity must agree to forward to the Attorney General applications filed with it in accordance with paragraph (l)(A)(ii) but not to forward to the Attorney General applications filed with it unless the applicant has consented to such forwarding. No such entity may make a determination required by this section to be made by the Attorney General. "(5)

LIMITATION ON ACCESS TO INFORMATION.—Files

and

records prepared for purposes of this section by designated entities operating under this section are confidential and the Attorney General and the Service shall not have access to such files or records relating to an alien without the consent of the alien. "(6) CoNFiDENTiAUTY OF INFORMATION.—Neither the Attorney General, nor any other official or employee of the Department of Justice, or bureau or agency thereof, may— "(A) use the information furnished pursuant to an application filed under this section for any purpose other than to make a determination on the application or for enforcement of paragraph (7),

8 USC 1159, 1255 ^ use 1255 note.

Regulations.

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