[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2765 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 2765

 To amend the Immigration and Nationality Act to promote the economic 
 survival of seasonal small businesses by ensuring that the wages paid 
             to H-2B nonimmigrants are fair and reasonable.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 19, 2013

 Mr. Wittman (for himself and Mr. Alexander) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend the Immigration and Nationality Act to promote the economic 
 survival of seasonal small businesses by ensuring that the wages paid 
             to H-2B nonimmigrants are fair and reasonable.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Save Our Seasons Act of 2013''.

SEC. 2. H-2B WAGES.

    Section 214(g)(9) of the Immigration and Nationality Act (8 U.S.C. 
1184(g)(9)) is amended by adding at the end the following:
                    ``(D) Wages.--
                            ``(i) In general.--The wages paid to 
                        nonimmigrants under section 
                        101(a)(15)(H)(ii)(b) employed by an employer 
                        shall be the greater of--
                                    ``(I) the actual wage level paid by 
                                the employer to other employees with 
                                similar experience and qualifications 
                                for such position; or
                                    ``(II) the prevailing wage level 
                                for the occupational classification of 
                                the position in the geographic area of 
                                the employment, based on the best 
                                information available as of the time of 
                                filing the application.
                            ``(ii) Best information available.--The 
                        term `best information available', with respect 
                        to determining the prevailing wage for a 
                        position, means--
                                    ``(I) a controlling collective 
                                bargaining agreement or Federal 
                                contract wage, if applicable;
                                    ``(II) the wage level commensurate 
                                with the experience, training, and 
                                supervision required for the job based 
                                on Bureau of Labor Statistics data; or
                                    ``(III) if the data referred to in 
                                paragraph (2) is not available or the 
                                best information available, a 
                                legitimate, recent private survey of 
                                the wages paid for such positions in 
                                the metropolitan statistical area.''.
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