; and (B) does not include any situation in which the worker is offered, as an alternative to such loss of employment, a similar employment opportunity with the same employer at equivalent or higher compensation and benefits than the position from which the employee was discharged, regardless of whether the employee accepts the offer. (7) Other temporary service or labor The term other temporary service or labor means that an employer’s need for particular labor will last— (A) if peak load or intermittent, for not more than 1 year, unless it is a one-time occurrence lasting no longer than 3 years; or (B) if the employer's need is seasonal, for not more than 10 months. (8) Private wage survey The term private wage survey means, in the case of a petition under subsection (b), a survey of wages by an entity other than the Federal Government for which— (A) the data has been collected during the 2-year period immediately preceding the date of the petition; (B) if a published survey, the survey has been published during the 2-year period immediately preceding the date of the petition; (C) the job description for the position being offered by the employer is similar to the job description for which the survey was conducted; (D) the survey is across industries that employ workers in the job description; (E) the wage determination is based on a weighted or straight average of the relevant wages or the median of relevant wage levels; and (F) a statistically valid methodology that was used to collect the data is identified. (9) United States worker The term United States worker means any worker who is— (A) a national of the United States; or (B) an alien who is— (i) lawfully admitted for permanent residence; (ii) admitted as a refugee under section 207; (iii) granted asylum under section 208