WhereaS, there has been a great deal of misunderstanding, misinformation and outright distortion concerning the effect of applying a “prevailing wage level” to admission of so-called “Guest Workers” pursuant to Title IV of S. 2611 – Comprehensive Immigration Reform Act of 2006; and 

WhereaS, Pundits such as Robert Novak and George Will, not to mention an Op-Ed piece in the May 24, 2006 edition of the Washington Times, have assailed the above-reference provision because it supposedly would extend the Davis-Bacon and Service Contract prevailing wage laws to include immigrant workers employed on all private-sector jobs, even those not covered by either federal statue, and 

WhereaS, the exploitation of workers based upon their immigration status both violates the fundamental rights of these immigrants while also having an adverse impact on U.S. workers; and 

WhereaS, S. 2611 requires prospective employers to attest and certify that, before hiring a guest worker, the employer make a good faith effort to recruit and employ American workers, and 

WhereaS, in order to achieve this objective, S. 2611 requires employers to first offer to pay American workers not less than “Prevailing Wage Level” applicable to the job and, if American workers willing and able to fill the job cannot be found, then the employer is required to pay the guest worker not less than the same “Prevailing Wage Level”; and 

WhereaS, this requirement simply provides realistic assurance that guest workers are not displacing American workers at wages less than prevailing wage in the area of intended employment; and 

WhereaS, the “Prevailing Wage Level” in  S. 2611 refers to the prevailing wage issued by Sectary of Labor under the Davis-Bacon Act, if the job is in the construction industry , or under the Service Contract Act, if the job is in the service industry; and 

WhereaS, is neither of these prevailing wage rates applies to the job for which the employer seeks to hire a guest worker, then the employer must offer to pay American workers not less than a prevailing wage rate based on the Occupational Employment Statistics Survey issued by the Department of Labor’s Bureau of Labor Statistics; and 

WhereaS, this is the same procedure that the Department of Labor used from the 1970s until the beginning of 2005 to certify employer efforts to recruit and employ American workers before hiring temporary nonimmigrant workers under the H-2B Visa Program; and 

WhereaS, the H-2B Visa Program applies to the same categories of the workers that the H-2C guest worker program will apply; and 

WhereaS, the “Prevailing Wage Level” provision in the S. 2611 simply codify the longstanding procedures used by the Department of Labor until last year to assure that American workers are not subjected to unfair wage competition form temporary foreign workers and that guest workers are paid a fair wage; and 

WhereaS, there is no better way to protect American workers’ jobs from unfair wage competition than by requiring prospective employers of guest workers to the first offer the jobs to American workers at a true “Prevailing Wage Levels” and then require them to pay guest workers not less than the same “Prevailing Wage Level”, 

THEREFORE BE IT RESOLVED, that LULAC calls upon the federal government to maintain the language which will provide a prevailing wage or wage floor for level pay parity for guest workers and American workers alike.


Adopted this 1st day of July 2006.

Rosa Rosales
LULAC National President

LULAC  l  2000 L Street, NW, Suite 610  l  Washington, DC 20036  l  (202) 833-6130  Fax: (202) 833-6135