Page:United States Statutes at Large Volume 112 Part 4.djvu/674

 112 STAT. 2681-645 PUBLIC LAW 105-277 —OCT. 21, 1998 "(ii) Nothing in this subparagraph is intended to limit an employee's rights under a collective bargaining agreement or other employment contract. "(E) The term 'United States worker' means an employee who— "(i) is a citizen or national of the United States; or "(ii) is an alien who is lawfully admitted for permanent residence, is admitted as a refugee under section 207, is granted asylum under section 208, or is an immigrant otherwise authorized, by this Act or by the Attorney General, to be employed,". (2) CONFORMING AMENDMENTS.— Section 212(n)(l) (8 U.S.C. 1182(n)(l)) is amended by striking "a nonimmigrant described in section 101(a)(15)(H)(i)(b)" each place it appears and inserting "an H-IB nonimmigrant". (c) IMPROVED POSTING OF NOTICE OF APPLICATION. — Section 212(n)(l)(C)(ii) (8 U.S.C. 1182(n)(l)(C)(ii)) is amended to read as follows: "(ii) if there is no such bargaining representative, has provided notice of filing in the occupational classification through such methods as physical posting in conspicuous locations at the place of employment or electronic notification to employees in the occupational classification for which H-IB nonimmigrants are sought.". 8 USC 1182 note. (d) EFFECTIVE DATES. —The amendments made by subsection (a) apply to applications filed under section 212(n)(l) of the Immigration and Nationality Act on or after the date final regulations are issued to carry out such amendments, and the amendments made by subsections (b) and (c) take effect on the date of the enactment of this Act. 8 USC 1182 note. (e) REDUCTION OF PERIOD FOR PUBLIC COMMENT.—In first promulgating regulations to implement the amendments made by this section in a timely manner, the Secretary of Labor and the Attorney General may reduce to not less than 30 days the period of public comment on proposed regulations. SEC. 413. CHANGES IN ENFORCEMENT AND PENALTIES. (a) INCREASED ENFORCEMENT AND PENALTIES.—Section 212(n)(2)(C) (8 U.S.C. 1182(n)(2)(C)) is amended to read as follows: "(C)(i) If the Secretary finds, after notice and opportunity for a hearing, a failure to meet a condition of paragraph (1)(B), (1)(E), or (1)(F), a substantial failure to meet a condition of paragraph (1)(C), (1)(D), or (l)(G)(i)(I), or a misrepresentation of material fact in an application— Notification. "(I) the Secretary shall notify the Attorney General of such finding and may, in addition, impose such other administrative remedies (including civil monetary penalties in an amount not to exceed $1,000 per violation) as the Secretary determines to be appropriate; and "(II) the Attorney General shall not approve petitions filed with respect to that employer under section 204 or 214(c) during a period of at least 1 year for aliens to be employed by the employer. "(ii) If the Secretary finds, after notice and opportunity for a hearing, a willful failure to meet a condition of paragraph (1), a willful misrepresentation of material fact in an application, or a violation of clause (iv)—

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