; and (ii) posting the job opportunity on the appropriate Department of Labor Electronic Job Registry and at the employer's place of employment; and (B) offers the job to an equally or better qualified United States worker who— (i) applies for the job; and (ii) will be available at the time and place of need. (3) Exemption from rules with respect to staggering The Secretary of Labor shall not consider an employer in the seafood industry who brings H–2B nonimmigrants into the United States during the 120-day period specified in paragraph (1) to be staggering the date of need in violation of section 655.20(d) of title 20, Code of Federal Regulations, or any other applicable provision of law. (b) H–2B nonimmigrants defined In this section, the term H–2B nonimmigrants means aliens admitted to the United States pursuant to section 101(a)(15)(H)(ii)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(B) ). 111. The determination of prevailing wage for the purposes of the H–2B program shall be the greater of—(1) the actual wage level paid by the employer to other employees with similar experience and qualifications for such position in the same location