; (3) in subsection (d)— (A) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively; (B) by inserting after paragraph (1) the following: (2) Protection for united states workers (A) Foreign labor certification (i) In general Before applying for a nonimmigrant worker permit under this subsection, a prospective employer shall obtain a certification from the Department of Labor confirming the prospective employer’s assertion that— (I) no qualified United States worker is able, willing, qualified, and available to accept the proposed job at the prevailing wage for that occupation in the Commonwealth; and (II) employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed United States workers. (ii) Petition After receiving a certification under clause (i), a prospective employer may submit a petition to U.S. Citizenship and Immigration Services for a Commonwealth Only Transitional Worker permit on behalf of the foreign worker. (B) Prevailing wage survey In order to effectuate the requirement for foreign labor certification, the Department of Labor shall conduct periodic prevailing wage surveys in the Commonwealth. (C) Minimum wage An employer shall pay each Commonwealth Only Transitional Worker a wage that is not less than the greater of— (i) the statutory minimum wage in the Commonwealth; (ii) the Federal minimum wage; (iii) the prevailing wage in the Commonwealth for the occupation in which the worker is employed; or (iv) the actual wage level paid by the employer to any other individual employed in the same occupation.