H. R. 934
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
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.
Calculation of wages for H–2A workers
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:
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—
the applicable State minimum wage; or
the prevailing wage level for the agricultural occupational classification in the county (or similar geographical area) of intended employment.
The wage levels under subparagraph (A) shall be calculated based on the best information available at the time of the filing of the application.
For purposes of subparagraph (A)(ii), the prevailing wage level shall be determined as follows:
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.
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.
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.