ILW.COM - the immigration portal Immigration Daily

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers

Home Page

Advanced search


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

Chinese Immig. Daily

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily

 

Chinese Immig. Daily



The leading
immigration law
publisher - over
50000 pages of free
information!

Copyright
©1995-
ILW.COM,
American
Immigration LLC.

Immigration Daily: the news source for
legal professionals. Free! Join 35000+ readers
Enter your email address here:



< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

HR 2457 IH

107th CONGRESS

1st Session

H. R. 2457

To amend the Immigration and Nationality Act to impose a limitation on the wage that the Secretary of Labor may require an employer to pay an alien who is an H-2A nonimmigrant agricultural worker.

IN THE HOUSE OF REPRESENTATIVES

July 11, 2001

Mr. CANNON (for himself, Mr. BISHOP, Mr. WHITFIELD, Mr. RADANOVICH, Mr. LEWIS of Kentucky, Mr. HUTCHINSON, Mr. GOODE, Mr. SHIMKUS, Mr. PICKERING, Mr. MCHUGH, Mr. SAXTON, Mr. JENKINS, Mr. GREEN of Wisconsin, Mr. SHOWS, Mr. KELLER, Mr. PUTNAM, Mr. GRAHAM, and Mr. SWEENEY) introduced the following bill; which was referred to the Committee on the Judiciary


A BILL

To amend the Immigration and Nationality Act to impose a limitation on the wage that the Secretary of Labor may require an employer to pay an alien who is an H-2A nonimmigrant agricultural worker.

    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 `Wage Equity Act of 2001'.

SEC. 2. LIMITATION ON H-2A NONIMMIGRANT WAGE REQUIREMENT.

    (a) Conditions for Approval of H-2A Petitions- Section 218(a) of the Immigration and Nationality Act (8 U.S.C. 1188(a)) is amended by redesignating paragraph (2) as paragraph (3) and by inserting after paragraph (1) the following new paragraph:

    `(2)(A) In making the certification described in paragraph (1), the Secretary of Labor may not require an employer to pay workers more than the greater of--

      `(i) the prevailing wage for seasonal agricultural workers in the occupation in the area of intended employment, or

      `(ii) the greater of the hourly wage described in section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)), or the applicable State minimum wage.

    `(B) In complying with subparagraph (A)(i), an employer (or the employer's agent) may request and obtain a prevailing wage determination from the State employment security agency. An employer who obtains such a determination and pays the wage determined to be prevailing shall be considered to have met the requirement of subparagraph (A)(i).

    `(C) In lieu of the procedure described in subparagraph (B), an employer may rely on other wage information, including a survey of the prevailing wages of workers in the occupation in the area of intended employment that has been conducted or funded by the employer or a group of employers, that meets criteria specified by the Secretary of Labor in regulations.

    `(D) If the prevailing wage described in subparagraph (A)(i) is an hourly wage, the employer may pay workers in the occupation by an incentive method of pay such as a piece rate, task rate, group incentive rate, or other incentive method, if the average hourly earnings of the employer's workers paid by such incentive method, taken as a group, are at least equal to the prevailing hourly wage required by subparagraph (A)(i) for the hours worked at the incentive payment method, after making any additions to any worker's pay required to comply subparagraph (A)(ii).'.

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

      `(3) The term `prevailing wage' means, with respect to an agricultural occupation in an area of intended employment, the rate of wages that includes the 51st percentile of employees with similar experience and qualifications in the agricultural occupation in the area of intended employment, expressed in terms of the prevailing method of pay for the occupation in the area of intended employment.'.


Immigration Daily: the news source for
legal professionals. Free! Join 35000+ readers
Enter your email address here: