I 111th CONGRESS 2d Session H. R. 4835 IN THE HOUSE OF REPRESENTATIVES March 12, 2010 Mr. Whitfield introduced the following bill; which was referred to the Committee on the Judiciary A BILL To allow an employer to pay an H–2A worker the Federal minimum wage or the prevailing wage in a case where the employer pays either wage to United States citizens similarly employed.

1.

Payment of minimum or prevailing wage to H–2A workers

Section 218(c) of the Immigration and Nationality Act (8 U.S.C. 1188(c)) is amended by adding at the end the following: (5)

Payment of minimum or prevailing wage

In a case in which an employer pays a qualified United States worker the Federal minimum wage in effect under section 6(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)) or the prevailing wage in the area of intended employment, the employer shall not be required to pay an H–2A worker similarly employed more than such wage. .