; or (B) is unfilled for more than 60 days in a period of 90 consecutive days. (5) Full employment area The term full employment area refers to any county or metropolitan statistical area where the unemployment rate during the fiscal quarter during which an application is submitted by an employer is equal to or less than 4.9 percent. (6) H–2C nonimmigrant The term H–2C nonimmigrant means an alien admitted as a nonimmigrant pursuant to section 101(a)(15)(H)(ii)(c). (7) H–2C nonimmigrant status The term H–2C nonimmigrant status means status granted to an alien admitted as a nonimmigrant pursuant to section 101(a)(15)(H)(ii)(c). (8) Initial H–2C nonimmigrant The term initial H–2C nonimmigrant means an alien— (A) issued an H–2C-nonimmigrant visa by the Secretary of State authorizing the admission of that alien to the United States for the first time as an H–2C nonimmigrant; and (B) does not include an alien on or after the date the alien commences employment in H–2C nonimmigrant status with a registered employer in a registered position. (9) Lay off The term lay off — (A) means to cause a worker to lose employment, other than through a discharge for inadequate performance, violation of workplace rules, cause, voluntary departure, voluntary retirement, or the expiration of a grant or contract