Page:United States Statutes at Large Volume 112 Part 4.djvu/676

 112 STAT. 2681-647 PUBLIC LAW 105-277—OCT. 21, 1998 It is a violation of this clause for such an employer otherwise to accept such reimbursement or compensation from such an alien. "(Ill) If the Secretary finds, after notice and opportunity for a hearing, that an employer has committed a violation of this clause, the Secretary may impose a civil monetary penalty of $1,000 for each such violation and issue an administrative order requiring the return to the nonimmigrant of any amount paid in violation of this clause, or, if the nonimmigreint cannot be located, requiring payment of any such amount to the general fund of the Treasury. "(vii)(I) It is a failure to meet a condition of paragraph (1)(A) for an employer, who has filed an application under this subsection and who places an H-IB nonimmigrant designated as a full-time . „ employee on the petition filed under section 214(c)(1) by the employer with respect to the nonimmigrant, after the nonimmigrant has entered into employment with the employer, in nonproductive status due to a decision by the employer (based on factors such as lack of work), or due to the nonimmigrant's lack of a permit or license, to fail to pay the nonimmigrgint full-time wages in accordance with paragraph (1)(A) for all such nonproductive time. "(II) It is a failure to meet a condition of paragraph (1)(A) for an employer, who has filed an application under this subsection and who places an H-IB nonimmigrant designated as a parttime employee on the petition filed under section 214(c)(1) by the employer with respect to the nonimmigrant, after the nonimmigrant has entered into employment with the employer, in nonproductive status under circumstances described in subclause (I), to fail to pay such a nonimmigrant for such hours as are designated on such petition consistent with the rate of pay identified on such petition. "(Ill) In the case of an H-IB nonimmigrant who has not yet entered into employment with an employer who has had approved an application under this subsection, and a petition under section 214(c)(1), with respect to the nonimmigrant, the provisions of subclauses (I) and (II) shall apply to the employer beginning 30 days after the date the nonimmigrant first is admitted into the United States pursuant to the petition, or 60 days after the date the nonimmigrant becomes eligible to work for the employer (in the case of a nonimmigrant who is present in the United States on the date of the approval of the petition). "(IV) This clause does not apply to a failure to pay wages to an H-IB nonimmigrant for nonproductive time due to nonwork-related factors, such as the voluntary request of the nonimmigrant for an absence or circumstances rendering the nonimmigrant unable to work, "(V) This clause shall not be construed as prohibiting an employer that is a school or other educational institution from applying to an H-IB nonimmigrant an established salary practice of the employer, under which the employer pays to H-IB nonimmigrants and United States workers in the ssune occupational classification an annual salary in disbursements over fewer than 12 months, if— "(aa) the nonimmigrant agrees to the compressed annual salary payments prior to the commencement of the employment; and "(bb) the application of the salary practice to the nonimmigrant does not otherwise cause the nonimmigrant to

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