Section 1 Short title
This Act may be cited as the “Save Our Seasons Act of 2013”.
Save Our Seasons Act of 2013
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.
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.”