PUBLIC LAW 108–77—SEPT. 3, 2003
117 STAT. 941
(1) by redesignating the subsection (p) added by section 1505(f) of Public Law 106–386 (114 Stat. 1526) as subsection (s); and (2) by adding at the end the following: ‘‘(t)(1) No alien may be admitted or provided status as a nonimmigrant under section 101(a)(15)(H)(i)(b1) in an occupational classification unless the employer has filed with the Secretary of Labor an attestation stating the following: ‘‘(A) The employer— ‘‘(i) is offering and will offer during the period of authorized employment to aliens admitted or provided status under section 101(a)(15)(H)(i)(b1) wages that are at least— ‘‘(I) the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question; or ‘‘(II) the prevailing wage level for the occupational classification in the area of employment, whichever is greater, based on the best information available as of the time of filing the attestation; and ‘‘(ii) will provide working conditions for such a nonimmigrant that will not adversely affect the working conditions of workers similarly employed. ‘‘(B) There is not a strike or lockout in the course of a labor dispute in the occupational classification at the place of employment. ‘‘(C) The employer, at the time of filing the attestation— ‘‘(i) has provided notice of the filing under this paragraph to the bargaining representative (if any) of the employer’s employees in the occupational classification and area for which aliens are sought; or ‘‘(ii) if there is no such bargaining representative, has provided notice of filing in the occupational classification through such methods as physical posting in conspicuous locations at the place of employment or electronic notification to employees in the occupational classification for which nonimmigrants under section 101(a)(15)(H)(i)(b1) are sought. ‘‘(D) A specification of the number of workers sought, the occupational classification in which the workers will be employed, and wage rate and conditions under which they will be employed. ‘‘(2)(A) The employer shall make available for public examination, within one working day after the date on which an attestation under this subsection is filed, at the employer’s principal place of business or worksite, a copy of each such attestation (and such accompanying documents as are necessary). ‘‘(B)(i) The Secretary of Labor shall compile, on a current basis, a list (by employer and by occupational classification) of the attestations filed under this subsection. Such list shall include, with respect to each attestation, the wage rate, number of aliens sought, period of intended employment, and date of need. ‘‘(ii) The Secretary of Labor shall make such list available for public examination in Washington, D.C.
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