; or (II) the date on which— (aa) 33 percent of the work contract for the job opportunity has elapsed; or (bb) if the employer is a labor contractor, 50 percent of the work contract for the job opportunity has elapsed. (ii) Staggered entry For a petition involving more than one start date under subsection (h)(1)(C), each start date designated in the petition shall establish a separate job opportunity. An employer may not reject a United States worker because the worker is unable or unwilling to fill more than one job opportunity included in the petition. (iii) Exception Notwithstanding clause (i), the employer may offer a job opportunity to an H–2A worker instead of an alien granted certified agricultural worker status under title I of the Affordable and Secure Food Act of 2024 if the H–2A worker was employed by the employer in each of 3 years during the 4-year period immediately preceding the date of the enactment of such Act. (3) Recruitment report (A) In general The employer shall maintain a recruitment report through the applicable period described in paragraph (2)(B) and submit regular updates through the electronic platform on the results of recruitment. The employer shall retain the recruitment report, and all associated recruitment documentation, for a period of 3 years from the date of certification. (B) Burden of proof If the employer asserts that any eligible individual who has applied or been referred is not able, willing or qualified, the employer bears the burden of proof to establish that the individual is not able, willing or qualified because of a lawful, employment-related reason. (d) Wage requirements (1) In general Each employer under this section will offer the worker, during the period of authorized employment, wages that are at least the greatest of— (A) the agreed-upon collective bargaining wage; (B) the adverse effect wage rate (or any successor wage established under paragraph (7)); (C) the prevailing wage (hourly wage or piece rate)