By Kuldip S. Kasuri Attorney
Replenishment Agricultural Workers RAW Program was established under the Immigration Reform and Control Act of 1986 to help the farm employers in the United States from the fear that special agricultural workers would leave the farm or otherwise retire from farm work and there would be shortage of farm workers in the United States, Section 210.A was enacted which allows admission of RAW workers into the United States between 1990 and 1993. If there is a shortage of farm workers in the United States, applications from RAW will be taken and temporary residence status will be granted to RAW. The number of RAW workers admissible in each year will be based on the shortage number to be determined by United States Department of Labor and United States Department of Agriculture.
The interim final rule was published on July 17, 1989 for the implementation for RAW program. According to this rule, aliens will first be required to register their names during September 1, 1989 through October 31, 1989 for the four years program. A random selection will be made from those who registered their names, and then the selected aliens will be invited to petition for RAW status.
Some of the basic requirements to apply for the RAW program are; that applicant must be at least 18 years old. If the applicant is not 18 years old at the time of registration but will become 18 years old by October 1, 1991, he may register as a potential RAW but he will not be invited to file a petition until he reaches the age of 18. Applicant must be admissible in the U;S. as an immigrant. The applicant must have worked for twenty (20) days or more on a U.S. farm in the agricultural field during any 12 month period between May 1, 1985 and November 30, 1988. The applicant must certify that he intends to perform seasonal agricultural services for 90 days in each of the coming three (3) years.
Priority will be given to applicants who are spouses or children of legalized aliens. Priority will also be given to those who are in the U.S. against those who are not in the U.S. Aliens who entered the U.S. illegally after November 30, 1988 are not eligible for RAW program.
There will be no priority to the SAW applicants (Special Agriculture Workers) whose applicants are pending or denied. They may apply for the RAW program if they wish to.
At the time of registration, a $10.00 fee will be required. At the time of application, a $175.00 will be required.
Under the new rules, the applicant can give oral testimony, without submitting proofs of performance of 20 days of agricultural work but the Immigration and ‘Naturalization Service has the right to require written proof if they doubt the oral testimony.
RAW will be able to travel abroad and will be given work permits so they can work legally in the United States.
If you need further information please contact a lawyer or Attorney Kuldip S. Kasuri (718) 4584121, 3705 74th Street, Jackson Heights, New York, 11372.
Article extracted from this publication >> August 25, 1989
