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Understanding Special Agricultural Workers (SAW) and Their Legal Status
Definition & Meaning
Special Agricultural Workers (SAW) are foreign nationals who were permitted to work in the United States in agriculture, specifically in perishable commodities, for a limited time. These workers became eligible for permanent residency under the Immigration Reform and Control Act of 1986 if they worked for at least 90 days in each of the three years leading up to May 1, 1986. This program aimed to provide a pathway to legal status for those who contributed to the agricultural sector during that period.
Table of content
Legal Use & context
The term Special Agricultural Workers is primarily used in immigration law. It relates to the legal status and rights of foreign agricultural workers in the United States. Legal practitioners may encounter this term when dealing with immigration cases, especially those involving agricultural employment or residency applications. Users can manage related forms and procedures using legal templates available through US Legal Forms, created by licensed attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A worker from Mexico who harvested crops in California for over 90 days each year from 1983 to 1985 could apply for SAW status in 1986, allowing them to become a permanent resident.
Example 2: A hypothetical example would be a seasonal worker who moved to the U.S. each year for agricultural work and met the required work duration, thus qualifying for SAW status.
Relevant laws & statutes
The primary statute governing Special Agricultural Workers is the Immigration Reform and Control Act of 1986 (IRCA). This law established the criteria for eligibility and the process for applying for temporary and permanent residency based on agricultural work.
Comparison with related terms
Term
Definition
Difference
Temporary Agricultural Workers
Workers allowed to stay in the U.S. for a limited time for agricultural work.
SAW status can lead to permanent residency, while temporary workers do not have this option.
H-2A Visa Workers
Foreign workers who come to the U.S. to perform temporary agricultural work.
H-2A workers are typically not eligible for permanent residency under SAW provisions.
Common misunderstandings
What to do if this term applies to you
If you believe you qualify as a Special Agricultural Worker, gather your employment records to demonstrate your work history. You can explore US Legal Forms for templates to assist with your application for SAW status. If your situation is complex or you need personalized advice, consider consulting a legal professional who specializes in immigration law.
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Worked at least 90 days in each of the three years before May 1, 1986
Application Type
Temporary resident status leading to permanent residency
Legal Reference
Immigration Reform and Control Act of 1986
Key takeaways
Frequently asked questions
The SAW program allows certain foreign agricultural workers to apply for permanent residency in the U.S. based on their work history.
You must have worked at least 90 days in each of the three years before May 1, 1986, in perishable agricultural commodities.
The SAW program is no longer accepting new applications, as it was specific to a historical period. Current agricultural workers may need to explore other visa options.