Sec. 586. Petitions by employers that have signed labor agreements with unions that operate hiring halls
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Section 212(v) of the Immigration and Nationality Act, as added by section 102, is amended by adding at the end the following: An employer that seeks to hire an H–2B nonimmigrant may file an application with the Secretary of Labor in accordance with this paragraph, instead of complying with paragraphs
(1)through (4), if— the employer has signed a labor agreement with a labor organization (as defined in section 2(5) of the Labor-Management Relations Act ( 29 U.S.C. 152(5) ) under which the labor organization is responsible for referring applicants for employment to the employer under a procedure commonly known as a hiring hall or referral hall ; and the application is accompanied by a written statement prepared by the labor organization attesting that— the labor organization operates a hiring hall that, pursuant to contractual agreement and actual practice, is a source of employees in the same or substantially equivalent occupational classification in which the employer seeks to employ an H–2B nonimmigrant; the labor organization does not have a sufficient number of qualified applicants available for referral in the same or substantially equivalent occupational classification in which the employer seeks to employ an H–2B nonimmigrant; the labor organization has advertised, for at least 5 consecutive days, the availability of the job opportunity for which the employer is seeking to employ an H–2B nonimmigrant in the publication with the highest circulation in the labor market that is likely to be patronized by potential applicants; the employer is contractually obligated to pay all employees, in the same or substantially equivalent occupational classification in which the employer seeks to employ an H–2B nonimmigrant, wages and benefits set forth in a labor agreement with the labor organization, which equals or exceeds the prevailing wage rate the employer would be obligated to pay; and the H–2B nonimmigrants who the employer seeks to employ will be paid not less than the same wages and benefits and be subject to the same terms and conditions of employment set forth in the employer's labor agreement with the labor organization. .
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Sec. 586
Petitions by employers that have signed labor agreements with unions that operate hiring halls
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