12 2 STA T .85 8 PUBLIC LA W 11 0– 22 9—M A Y 8 , 2008 intheCom mon w e al th .F o r the pu rpo s eo f this su b para g raph , a business shall not be c onsi d ered legitimate if it engages directl y or indirectly in prostitution, traffic k ing in minors, or any other acti v ity that is illegal under Federal or local law. T he determinations of whether a business is legitimate and to what e x tent, if any, it may re q uire alien workers to supple - ment the resident workforce, shall be made by the S ecretary of H omeland Security, in the Secretary ’ s sole discretion. ‘ ‘ (B)I f the Secretary of L abor determines that such an extension is necessary to ensure an adequate number of workers for legitimate businesses in the Commonwealth, the Secretary of Labor may, through notice published in the Federal R egister, provide for an additional extension period of up to 5 years. ‘‘(C) In making the determination of whether alien workers are necessary to ensure an adequate number of workers for legitimate businesses in the Commonwealth, and if so, the number of such workers that are necessary, the Secretary of Labor may consider, among other relevant factors — ‘‘(i) government, industry, or independent workforce studies reporting on the need, or lack thereof, for alien workers in the Commonwealth’s businesses
‘‘(ii) the unemployment rate of U nited States citi z en workers residing in the Commonwealth; ‘‘(iii) the unemployment rate of aliens in the Common- wealth who have been lawfully admitted for permanent residence; ‘‘(iv) the number of unemployed alien workers in the Commonwealth; ‘‘(v) any good faith efforts to locate, educate, train, or otherwise prepare United States citizen residents, lawful permanent residents, and unemployed alien workers already within the Commonwealth, to assume those j obs; ‘‘(vi) any available evidence tending to show that United States citizen residents, lawful permanent resi- dents, and unemployed alien workers already in the Commonwealth are not willing to accept jobs of the type offered; ‘‘(vii) the extent to which admittance of alien workers will affect the compensation, benefits, and living standards of existing workers within those industries and other indus- tries authorized to employ alien workers; and ‘‘(viii) the prior use, if any, of alien workers to fill those industry jobs, and whether the industry requires alien workers to fill those jobs. ‘‘( 6 ) The Secretary of Homeland Security may authorize the admission of a spouse or minor child accompanying or following to join a worker admitted pursuant to this subsection. ‘‘(e) PERSON SL AWFUL L YADMIT TED UNDER T H E COMMONWEALTH IMMI G RATION LAW.— ‘‘( 1 ) PROHI B ITION ON REMO V AL.— ‘‘(A) IN GENERAL.—Subject to subparagraph (B), no alien who is lawfully present in the Commonwealth pursu- ant to the immigration laws of the Commonwealth on the transition program effective date shall be removed from the United States on the grounds that such alien’s presence in the Commonwealth is in violation of section 2 12(a)(6)(A) Notice.F e d e ralR e g i s ter ,pub licatio n .
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