[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 934 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 934

 To amend section 218 of the Immigration and Nationality Act to modify 
    the method of calculating the wages to be paid to H-2A workers.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 8, 2007

   Mr. Lincoln Davis of Tennessee (for himself and Mr. Butterfield) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend section 218 of the Immigration and Nationality Act to modify 
    the method of calculating the wages to be paid to H-2A workers.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CALCULATION OF WAGES FOR H-2A WORKERS.

    Section 218(a) of the Immigration and Nationality Act (8 U.S.C. 
1188(a)) is amended--
            (1) by redesignating paragraph (2) as paragraph (3); and
            (2) by inserting after paragraph (1) the following:
    ``(2)(A) The requirement in paragraph (1)(B) with respect to wages 
shall be considered to be satisfied if the alien will be paid not less 
than the greater of--
                    ``(i) the applicable State minimum wage; or
                    ``(ii) the prevailing wage level for the 
                agricultural occupational classification in the county 
                (or similar geographical area) of intended employment.
    ``(B) The wage levels under subparagraph (A) shall be calculated 
based on the best information available at the time of the filing of 
the application.
    ``(C) For purposes of subparagraph (A)(ii), the prevailing wage 
level shall be determined as follows:
            ``(i) If the job opportunity is covered by a collective 
        bargaining agreement between a union and the employer, the 
        prevailing wage shall be the wage rate set forth in the 
        collective bargaining agreement.
            ``(ii)(I) If the job opportunity is not covered by such an 
        agreement, the prevailing wage level shall be based on entry 
        level, farm establishment data and methodology to be 
        established by the Bureau of Labor Statistics.
            ``(II) In lieu of subclause (I), an employer may rely on 
        other wage information, including a level-one wage in an 
        agricultural standard occupational classification in the county 
        (or similar geographical area) of intended employment from an 
        occupational employment or other survey provided by the Bureau 
        of Labor Statistics.''.
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