of filing of any visa petition supported by the applica-
tion— 
‘‘(I) the Secretary shall notify the Secretary of 
Homeland Security of such finding and may, in ad-
dition, impose such other administrative remedies 
(including civil monetary penalties in an amount not 
to exceed $35,000 per violation) as the Secretary de-
termines to be appropriate; and 
‘‘(II) the Secretary of Homeland Security shall 
not approve petitions filed with respect to that em-
ployer 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 in-
timidate, 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 employment) 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 reg-
ulation pertaining to this subsection, or because the em-
ployee cooperates or seeks to cooperate in an investigation 
or other proceeding concerning the employer’s compliance 
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with the requirements of this subsection or any rule or 
regulation pertaining to this subsection. 
‘‘(v) The Secretary of Labor and the Secretary of 
Homeland Security shall devise a process under which an 
L–1 nonimmigrant who files a complaint regarding a vio-
lation 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 re-
quire an L–1 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 
(and 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 re-
quire 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 em-
ployer for part or all of the cost of such fee. It is a viola-
tion of this clause for such an employer otherwise to ac-
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cept such reimbursement or compensation from such an 
alien. 
‘‘(III) If the Secretary finds, after notice and oppor-
tunity 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 (or 
$5,000 in the case of a second such violation by an em-
ployer or $10,000 for any subsequent such violation by 
the employer) and issue an administrative order requiring 
the return to the nonimmigrant of any amount paid in 
violation of this clause, or, if the nonimmigrant cannot be 
located, requiring payment of any such amount to the gen-
eral fund of the Treasury. 
‘‘(vii)(I) It is a failure to meet a condition of para-
graph (1)(A) for an employer, who has filed an application 
under this subsection and who places an L–1 non-
immigrant designated as a full-time employee on the peti-
tion 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 nonproduc-
tive or part-time 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 nonimmigrant full-time wages in accordance with 
paragraph (1)(A) for all such nonproductive time. 
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‘‘(II) In the case of an L–1 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 em-
ployer (in the case of a nonimmigrant who is present in 
the United States on the date of the approval of the peti-
tion). 
‘‘(III) This clause does not apply to a failure to pay 
wages to an L–1 nonimmigrant for nonproductive time 
due to non-work-related factors, such as the voluntary re-
quest of the nonimmigrant for an absence or cir-
cumstances rendering the nonimmigrant unable to work. 
‘‘(IV) This clause shall not be construed as prohib-
iting an employer that is a school or other educational in-
stitution from applying to an L–1 nonimmigrant an estab-
lished salary practice of the employer, under which the em-
ployer pays to L–1 nonimmigrants and United States 
workers in the same occupational classification an annual 
salary in disbursements over fewer than 12 months, if— 
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