; and (B) does not include any situation in which the worker is offered and refused to accept, 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. (10) Metropolitan statistical area The term metropolitan statistical area means a geographic area designated as a metropolitan statistical area by the Director of the Office of Management and Budget. (11) Registered employer The term registered employer means an operational business unit of a nonagricultural employer that is operating independently in a full employment area and is designated by the Secretary as a registered employer under subsection (d). (12) Registered position The term registered position means a position designated as a registered position under subsection (e). (13) Scarcity recruitment fee The term scarcity recruitment fee refers to a payment equal to 5 percent of an H–2C immigrant’s estimated annual compensation that a registered employer remits to the Secretary as part of the employer’s application for a registered position in order to demonstrate said employer’s inability to recruit a United States worker for the position. (14) Secretary Except as otherwise specifically provided, the term Secretary means the Secretary of Homeland Security. (15) Single entity The term single entity means any group treated as a single employer under subsection (b), (c), (m), or (o) of section 414 of the Internal Revenue Code of 1986. (16) Small business The term small business means an employer that employs 50 or fewer full-time equivalent employees. (17) United states worker The term United States worker means an individual who is— (A) lawfully employed or seeking employment in the United States; and (B) (i) a national of the United States; (ii) an alien lawfully admitted for permanent residence