; or (bb) in the 45 calendar days after the hiring of an H–2C nonimmigrant, the employer adds another United States worker within 5 business days after laying off a United States worker so that the total number of United States workers employed by such employer in the same occupation as such H–2C nonimmigrant and in the same metropolitan statistical area where the registered position is located has not decreased. (C) Definitions (i) Best information available In subparagraph (B)(iii)(II), the term best information available , with respect to determining the prevailing wage for a position, means— (I) a controlling collective bargaining agreement, to which the employer is a signatory and which sets wages for work performed by H–2C nonimmigrants; (II) if there is no controlling collective bargaining agreement as set forth in subclause (I), the local, State, or Federal prevailing wage laws or ordinances, for any time period during which the H–2C nonimmigrant performs work on a project for which payment of such wages is required by such laws or ordinances, and the employer has signed a contract agreeing to pay such wages on that project; or (III) if there is no controlling collective bargaining agreement as set forth in subclause (I) and the H–2C nonimmigrant is not performing work on a project governed by a prevailing wage law or ordinance as set forth in subclause (II)— (aa) the wage level commensurate with the experience, training, and supervision required for the job based on Bureau of Labor Statistics data; or (bb) a legitimate private wage survey of the wages paid for such positions in the metropolitan statistical area. (ii) Legitimate private wage survey In this paragraph, the term legitimate private wage survey means, in the case of an application under subparagraph (A), a survey of wages by an entity other than the Federal Government— (I) for which the data has been collected during the 2-year period immediately preceding the date of the application