; (II) was not counted toward such limitation in any of the 3 most recent fiscal years; or (III) violated his or her status during the authorized period of stay. . (b) Effective date The amendment made by subsection (a) shall take effect as if enacted on January 1, 2017. 4. H–2B temporary non-agricultural work visa program (a) Admission of temporary H–2B nonimmigrants Chapter 2 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1181 et seq.) is amended by inserting after section 218 the following: 218A. Admission of temporary H–2B nonimmigrants (a) Definitions In this section: (1) Best information available The term best information available , with respect to determining the prevailing wage for a position, means— (A) a controlling collective bargaining agreement that sets wages for work performed by H–2B nonimmigrants and in which the employer is a signatory; (B) absent a controlling collective bargaining agreement described in subparagraph (A), the applicable Federal, State, or local prevailing wage laws for any time period during which the H–2B nonimmigrant performs work on a governmental project for which payment of such wages is required by such laws or ordinances if the employer has signed a contract agreeing to pay such wages on such project; or (C) absent a controlling collective bargaining agreement described in subparagraph (A) or the performance of work by the H–2B nonimmigrant that is governed by a prevailing wage law described in subparagraph (B)— (i) the wage level commensurate with the experience, training, and supervision required for the job based on Bureau of Labor Statistics data