Immigration Reform Act of 2004 - Amends the Immigration and Nationality Act to exempt immediate relatives from the family-sponsored immigration cap. Expands the definition of immediate relatives to include spouses and children of lawful permanent residents.
Amends the definition of H-2B nonimmigrant worker. Adds a new H-2C nonimmigrant worker category.
Requires employers seeking to hire H-2B or H-2C workers to undertake specified recruitment efforts for U.S. workers, and to submit specified labor attestations. Provides worker protections. Addresses portability. Provides derivative status for spouses and children of H-2B and H-2C workers. Establishes annual numerical limitations on the number of aliens who may receive H-2B and H-2C status. Specifies authorized periods of admission for each category.
Provides for stays of removal for aliens involved in workplace claims.
Prohibits the disclosure by a Federal or State agency of information concerning the immigration status of any worker.
Creates an earned adjustment program for aliens who meet continuous physical presence, employment, and other specified requirements. Provides for derivative status for the spouses and children of such aliens. Excludes aliens granted earned adjustment from numerical visa limitations. Provides for administrative and judicial review of earned adjustment determinations. Establishes fines and fees for aliens applying for earned adjustment.
Creates transitional worker status for certain aliens who do not satisfy the continuous physical presence and employment requirements of the earned adjustment program.
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to allow aliens granted adjustment of status under this Act to correct social security records without criminal prosecution.