Sec. 583. Prevailing wages for United States workers and H–2B workers
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Section 212 of the Immigration and Nationality Act ( 8 U.S.C. 1182 ), as amended by section 102, is further amended by adding at the end the following: No alien may be admitted or provided status as a nonimmigrant under section 101(a)(15)(H)(ii)(b) in an occupational classification unless the Secretary of Labor certifies that the employer— is offering and will offer during the period of authorized employment to aliens admitted or provided such status the wage rate set forth in the collective bargaining agreement, if the job opportunity is covered by a collective bargaining agreement; if the job opportunity is not covered by a collective bargaining agreement, the wage the employer is offering and will offer, to any alien or United States worker employed by or offered employment by the employer, during the period of authorized employment for aliens admitted or provided such status, wages that are not less than the higher of— the wage determination, if any, issued pursuant to subchapter IV of chapter 31 of title 40, United States Code (commonly known as the Davis-Bacon Act ); the wage determination, if any, issued pursuant to the Service Contract Act of 1965 ( 41 U.S.C. 351 et seq. ); the median rate of the highest 66 percent of the wage data applicable to such occupational classification under the most recently published Occupational Employment Statistics Survey, compiled by the Bureau of Labor Statistics; or a wage that is not less than 150 percent of the Federal minimum wage in effect under the Fair Labor Standards Act ( 29 U.S.C. 201 et seq. ); and will provide working conditions for such alien that will not adversely affect the working conditions of workers similarly employed.
An employer may not appeal a decision of the Secretary of Labor concerning the wages required to be paid under paragraph (1)(A) unless United States workers and their labor representatives are given the opportunity to submit contrary evidence or appeal that such required wages are too low. An employer may not hire a nonimmigrant described in section 101(a)(15)(H)(ii)(b) unless— real prevailing wages in the occupational classification in which such nonimmigrant is to be hired are at least 3 percent higher than such wages during the preceding year under the Occupational Employment Statistics Survey compiled by the Bureau of Labor Statistics; or the employer offers to pay the H–2B worker or a United States worker a wage in the occupational classification in which such worker is to be hired that is at least 3 percent higher during the preceding year, after adjusting for inflation under the Occupational Employment Survey. .
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- 41 USC 351
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Sec. 583
Prevailing wages for United States workers and H–2B workers
Cite41 USC 351
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