Page:United States Statutes at Large Volume 112 Part 4.djvu/675

 PUBLIC LAW 105-277—OCT. 21, 1998 112 STAT. 2681-646 "(I) the Secretary shall notify the Attorney General of such Notification. finding and may, in addition, impose such other administrative remedies (including civil monetary penalties in an amount not to exceed $5,000 per violation) as the Secretary determines to be appropriate; and "(11) 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 2 years for aliens to be employed by the employer. "(iii) If the Secretary finds, after notice and opportunity for a hearing, a willfiil failure to meet a condition of paragraph (1) or a willfiil misrepresentation of material fact in an application, in the course of which faihire or misrepresentation the employer displaced a United States worker employed by the employer within the period beginning 90 days before and ending 90 days after the date of filing of any visa petition supported by the application— "(I) the Secretary shall notify the Attorney General of such Notification. finding and may, in addition, impose such other administrative remedies (including civil monetary penalties in an amount not to exceed $35,000 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 3 years for aliens to be employed by the employer, "(iv) It is a violation of this clause for an employer who has filed an application under this subsection to intimidate, threaten, restrain, coerce, blacklist, discharge, or in any other manner discriminate against an employee (which term, for purposes of this clause, includes a former employee and an applicant for employ- ment) because the employee has disclosed information to the employer, or to any other person, that the employee reasonably believes evidences a violation of this subsection, or any rule or regulation pertaining to this subsection, or because the employee cooperates or seeks to cooperate in an investigation or other proceeding concerning the employer's compli£ince with the requirements of this subsection or any rule or regulation pertaining to this subsection. "(v) The Secretary of Labor and the Attorney General shall devise a process under which an H-IB nonimmigrant who files a complaint regarding a violation of clause (iv) and is otherwise eligible to remain and work in the United States may be allowed to seek other appropriate employment in the United States for a period not to exceed the maximum period of stay authorized for such nonimmigrant classification. "(vi)(I) It is a violation of this clause for an employer who has filed an application under this subsection to require an H- IB nonimmigrant to pay a penalty for ceasing employment with the employer prior to a date agreed to by the nonimmigrant and the employer. The Secretary shall determine whether a required payment is a penalty (sind not liquidated damages) pursuant to relevant State law. "(II) It is a violation of this clause for an employer who has filed an application under this subsection to require an alien who is the subject of a petition filed under section 214(c)(1), for which a fee is imposed under section 214(c)(9), to reimburse, or otherwise compensate, the employer for part or all of the cost of such fee.

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