Prohibition of modification— The adverse effect wage rate required to be paid under section 655.1308 of title 20, Code of Federal Regulations, to nonimmigrants admitted under 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)), as in effect on October 1, 2021, shall remain the adverse effect wage rate for such employees through December 31, 2022, in any State—
in which the Food Price Index, according to the relevant Bureau of Labor Statistics’ Consumer Price Index reports, increased by more than 3 percent between December 2020 and September 2021; and
whose governor submits a request to the Secretary of Labor not later than December 15, 2021, to freeze such adverse effect wage rate with respect to such employees.