Sec. 205. H-1B1 and E-3 visas
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H-1B1 and E-3 visas Section 212(t)(1)(A)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1182(t)(1)(A)(i) ) (as added by section 402(b)(2) of Public Law 108–77 (117 Stat. 941)) is amended— by striking ; and at the end and inserting ; or ; by redesignating subclauses
(I)and
(II)as items
(aa)and (bb), respectively; by striking and inserting
(i); (i)(I) by inserting except as provided in subclause (II), before is offering ; and by adding at the end the following: if 80 percent or more of the employer’s workers in the same occupational classification as the alien admitted or provided status under section 101(a)(15)(H)(i)(b1) or 101(a)(15)(E)(iii) and in the same area of employment as the alien admitted or provided status under section 101(a)(15)(H)(i)(b1) or 101(a)(15)(E)(iii) are United States workers (as defined in subsection (n)(4)), is offering and will offer during the period of authorized employment to aliens admitted or provided status under section 101(a)(15)(H)(i)(b1) or section 101(a)(15)(E)(iii) wages that are at least the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question (but, in the case of an employer with more than 25 employees, in no event shall such wages be lower than the mean of the lowest one-half of wages surveyed pursuant to subsection (p)(5)); and .
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U.S. Code
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- Pub. L. 108-77
- 117 Stat. 941
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