Sec. 311. Prevailing wages
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Section 212(p) of the Immigration and Nationality Act (8 U.S.C. 1182(p)) is amended— in paragraph (1), by striking subsections (a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) and inserting subsections (a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) of this section, and subsections (c)(2)(G), (e), and
(s)of section 214, ; by redesignating paragraphs
(2)through
(4)as paragraphs
(3)through (5), respectively; by inserting after paragraph
(1)the following: In computing the prevailing wage level for an occupational classification in an area of employment for purposes of subsections (a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) of this section, and subsections (c)(2)(G), (e), and
(s)of section 214, in the case of an alien who begins work with their employer under such section within one year of graduation from an institution that is described in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ) or is a proprietary institution of higher education (as defined in section 102(b) of such Act (20 U.S.C. 1002(b))), the wage level shall be the wage level specified in subparagraph (A), (B), or
(C)of paragraph
(5)depending on the alien’s experience, education, and level of supervision. In computing the prevailing wage level for an occupational classification in an area of employment for purposes of subsections (a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) of this section, and subsections (c)(2)(G), (e), and
(s)of section 214, in the case of an alien who does not begin work with their employer under such section within one year of graduation from an institution that is described in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ) or is a proprietary institution of higher education (as defined in section 102(b) of such Act ( 20 U.S.C. 1002(b) )), the wage level shall be the wage level specified in subparagraph
(B)or
(C)of paragraph (5), depending on the alien’s experience, education, and level of supervision. ; in paragraph 4 (as redesignated), by striking subsections (a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) and inserting subsections (a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) of this section, and subsections (c)(2)(G), (e), and
(s)of section 214, ; and by amending paragraph
(5)(as redesignated) to read as follows: Subject to paragraph (2), the Secretary of Labor shall make available to employers a governmental survey to determine the prevailing wage for each occupational classification by metropolitan statistical area in the United States. Such survey, or other survey approved by the Secretary of Labor, shall provide 3 levels of wages commensurate with experience, education, and level of supervision. Such wage levels shall be determined as follows: The first level shall be the mean of the lowest two-thirds of wages surveyed, but in no case less than 80 percent of the mean of the wages surveyed. The second level shall be the mean of wages surveyed. The third level shall be the mean of the highest two-thirds of wages surveyed. . The amendments made by subsection
(a)shall take effect on the date of the enactment of this Act, and shall apply to employers with regard to labor certifications under sections 212(a)(5)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(5)(A) ), labor condition applications under section 212(n)(1) of such Act ( 8 U.S.C. 1182(n)(1) ), and attestations under section 212(t)(1) of such Act ( 8 U.S.C. 1182(t)(1) ), filed on or after such date, to employers with regard to aliens issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(L) of such Act (8 U.S.C. 1101(a)(15)(L)) on or after such date, and to employers with regard to aliens they provide post-course of study optional practical training that begins on or after such date.
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