‘‘(aa) the nonimmigrant agrees to the com-
pressed annual salary payments prior to the com-
mencement of the employment; and 
‘‘(bb) the application of the salary practice to 
the nonimmigrant does not otherwise cause the non-
immigrant to violate any condition of the non-
immigrant’s authorization under this Act to remain 
in the United States. 
‘‘(V) This clause shall not be construed as super-
seding clause (viii). 
‘‘(viii) It is a failure to meet a condition of paragraph 
(1)(A) for an employer who has filed an application under 
this subsection to fail to offer to an L–1 nonimmigrant, 
during the nonimmigrant’s period of authorized employ-
ment, benefits and eligibility for benefits (including the op-
portunity to participate in health, life, disability, and other 
insurance plans; the opportunity to participate in retire-
ment and savings plans; and cash bonuses and noncash 
compensation, such as stock options (whether or not based 
on performance)) on the same basis, and in accordance 
with the same criteria, as the employer offers to United 
States workers. 
‘‘(D)(i) If the Secretary finds, after notice and oppor-
tunity for a hearing, that an employer has willfully not 
paid wages at the wage level specified under the applica-
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tion and required under paragraph (1), the Secretary shall 
order the employer to provide for payment of such 
amounts of double back pay as may be required to comply 
with the requirements of paragraph (1), whether or not 
a penalty under subparagraph (C) has been imposed. 
‘‘(ii) If the Secretary finds, after notice and oppor-
tunity for a hearing, that an employer willfully lays off 
a worker in violation of the terms of the application and 
this section, the Secretary shall order the employer to pro-
vide for payment of such amounts of double back pay for 
the workers so laid off. 
‘‘(E) The Secretary may, on a case-by-case basis, 
subject an employer to random investigations for a period 
of up to 5 years, beginning on the date (on or after the 
date of the enactment of the L–1 Nonimmigrant Reform 
Act) when the employer is found by the Secretary to have 
committed a willful failure to meet a condition of para-
graph (1) (or has been found under paragraph (5) to have 
committed a willful failure to meet the condition of para-
graph (1)(F)(i)(II)) or to have made a willful misrepresen-
tation of material fact in an application. The authority 
of the Secretary under this subparagraph shall not be con-
strued to be subject to, or limited by, the requirements 
of subparagraph (A). 
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‘‘(F)(i) If the Secretary receives specific credible in-
formation from a source, who is likely to have knowledge 
of an employer’s practices or employment conditions, or 
an employer’s compliance with the employer’s labor condi-
tion application under paragraph (1), and whose identity 
is known to the Secretary, and such information provides 
reasonable cause to believe that the employer has com-
mitted a willful failure to meet a condition of paragraph 
(1)(A), (1)(B), (1)(E), or (1)(F)(i)(I), has engaged in a 
pattern or practice of failures to meet such a condition, 
or has committed a substantial failure to meet such a con-
dition that affects multiple employees, the Secretary may 
conduct a 30-day investigation into the alleged failure or 
failures. The Secretary (or the Acting Secretary in the 
case of the Secretary’s absence or disability) shall person-
ally certify that the requirements for conducting such an 
investigation have been met and shall approve commence-
ment of the investigation. The Secretary may withhold the 
identity of the source from the employer, and the source’s 
identity shall not be subject to disclosure under section 
552 of title 5, United States Code. 
‘‘(ii) The Secretary shall establish a procedure for 
any person, desiring to provide to the Secretary informa-
tion described in clause (i) that may be used, in whole 
or in part, as the basis for commencement of an investiga-
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tion described in such clause, to provide the information 
in writing on a form developed and provided by the Sec-
retary and completed by or on behalf of the person. 
‘‘(iii) Any investigation initiated or approved by the 
Secretary under clause (i) shall be based on information 
that satisfies the requirements of such clause. 
‘‘(iv) No investigation described in clause (i) (or hear-
ing described in clause (vi)) may be conducted with respect 
to information about a failure to meet a condition de-
scribed in clause (i), unless the Secretary receives the in-
formation not later than 12 months after the date of the 
alleged failure. 
‘‘(v) The Secretary shall provide notice to an em-
ployer with respect to whom the Secretary has received 
information described in clause (i), prior to the commence-
ment of an investigation under such clause, of the receipt 
of the information and of the potential for an investiga-
tion. 
‘‘(vi) If the Secretary determines under this subpara-
graph that a reasonable basis exists to make a finding that 
a failure described in clause (i) has occurred, the Secretary 
shall provide for notice of such determination to the inter-
ested parties and an opportunity for a hearing, in accord-
ance with section 556 of title 5, United States Code, with-
in 60 days after the date of the determination. If such 
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