(a) Any employer who desires to import alien workers for employment shall first notify the Virgin Islands Employment Service as to the unavailability of occupationally qualified residents, the number of alien workers required, and the occupational classification of such workers. The Virgin Islands Employment Service shall thereupon investigate the circumstances and shall cause to be advertised throughout the Virgin Islands, by whatever means it shall determine to be feasible, the existence of the vacancies which the employer desires to fill and the prevailing wage rates for each occupation as determined by the Commissioner of Labor. Upon the expiration of ten days after the first advertisement by the Employment Service, the said Service finding that there are no occupationally qualified resident workers available to fill all or some of the vacancies advertised, shall issue a clearance for the employment of nonresident workers for the vacancies for which no qualified resident workers are available.
(b) The Virgin Islands Employment Service is authorized to require such agreements or conditions as the payment of wages or benefits to nonresident workers as it shall determine to be necessary and consistent with the policy and purposes of this chapter to be executed by the employer; and any such agreement or conditions agreed to by an employer shall be legally enforceable in the courts of the Virgin Islands, upon action taken by an aggrieved employee or on his behalf by the Commissioner of Labor.
(c) The Commissioner of Labor shall, after public notice and hearing, determine the prevailing wage rates for laborers, workmen or other persons in occupations in the Virgin Islands in the occupational categories applicable for the purposes of this section.