Page:United States Statutes at Large Volume 104 Part 6.djvu/631

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PUBLIC LAW 101-649—NOV. 29, 1990 104 STAT. 5021 classification unless the employer has filed with the Secretary of Labor an application stating the following: "(A) The employer— "(i) is offering and will offer during the period of au- Wages. thorized employment to aliens and to other individuals employed in the occupational classification and in the area of employment wages that are at least— "(I) the actual wage level for the occupational classification at the place of employment, or "(II) the prevailing wage level for the occupational classification in the area of employment, whichever is greater, determined as of the time of filing the application, and (ii) will provide working conditions for such aliens 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 application— "(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 posted notice of filing in conspicuous locations at the place of emplo3maent. "(D) The application shall contain 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. The employer shall make available for public examination, within one working day after the date on which an application under this paragraph is filed, at the employer's principal place of business or worksite, a copy of each such application (and accompanying documentation). The Secretary shall compile, on a current basis, a list (by employer and by occupational classification) of the applications filed under this subsection. Such list shall include the wage rate, number of aliens sought, period of intended employment, and date of need. The Secretary shall make such list available for public examination in Washington, D.C. "(2)(A) The Secretary shall establish a process for the receipt, investigation, and disposition of complaints respecting a petitioner's failure to meet a condition specified in an application submitted under paragraph (1) or a petitioner's misrepresentation of material facts in such an application. Complaints may be filed by any aggrieved person or organization (including bargaining representatives). No investigation or hearing shall be conducted on a complaint concerning such a failure or misrepresentation unless the complaint was filed not later than 12 months after the date of the failure or misrepresentation, respectively. The Secretary shall conduct an investigation under this paragraph if there is reasonable cause to believe that such a failure or misrepresentation has occurred. "(B) Under such process, the Secretary shall provide, within 30 days sifter the date such a complaint is filed, for a determination as to whether or not a reasonable basis exists to make a finding described in subparagraph (C). If the Secretary determines that such Public information. Public information. District of Columbia. Investigations.