fication for which L–1 nonimmigrants are 
sought. 
‘‘(D) The application shall contain a specifica-
tion of the occupational classification in which the 
worker will be employed and wage rate and condi-
tions under which the worker will be employed. 
‘‘(E) The employer did not displace and will not 
displace a United States worker (as defined in para-
graph (4)) employed by the employer within the pe-
riod beginning 180 days before and ending 180 days 
after the date of filing of any visa petition supported 
by the application. 
The employer shall make available for public examination, 
within one working day after the date on which an applica-
tion under this paragraph is filed, at the employer’s prin-
cipal place of business or worksite, a copy of each such 
application (and such accompanying documents as are 
necessary). The Secretary shall compile, on a current 
basis, a list (by employer and by occupational classifica-
tion) of the applications filed under this subsection. Such 
list shall include the wage rate, number of aliens sought, 
their country of origin, period of intended employment, 
and date of need. The Secretary shall make such list avail-
able for public examination in Washington, D.C. 
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‘‘(2)(A) Subject to paragraph (5)(A), the Secretary 
shall establish a process for the receipt, investigation, and 
disposition of complaints respecting a petitioner’s failure 
to meet a condition specified in an application submitted 
under paragraph (1) or a petitioner’s misrepresentation 
of material facts in such an application. Complaints may 
be filed by any aggrieved person or organization (including 
bargaining representatives). No investigation or hearing 
shall be conducted on a complaint concerning such a fail-
ure or misrepresentation unless the complaint was filed 
not later than 12 months after the date of the failure or 
misrepresentation, respectively. The Secretary shall con-
duct an investigation under this paragraph if there is rea-
sonable cause to believe that such a failure or misrepresen-
tation has occurred. In addition, the Secretary may con-
duct surveys of the level of compliance by employers with 
the provisions and requirements of this subsection and 
may conduct annual compliance audits in the case of em-
ployers that employ L–1 nonimmigrants. 
‘‘(B) Under such process, the Secretary shall provide, 
within 30 days after the date such a complaint is filed, 
for a determination as to whether or not a reasonable 
basis exists to make a finding described in subparagraph 
(C). If the Secretary determines that such a reasonable 
basis exists, the Secretary shall provide for notice of such 
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determination to the interested parties and an opportunity 
for a hearing on the complaint, in accordance with section 
556 of title 5, United States Code, within 60 days after 
the date of the determination. If such a hearing is re-
quested, the Secretary shall make a finding concerning the 
matter by not later than 60 days after the date of the 
hearing. In the case of similar complaints respecting the 
same applicant, the Secretary may consolidate the hear-
ings under this subparagraph on such complaints. 
‘‘(C)(i) If the Secretary finds, after notice and oppor-
tunity for a hearing, a failure to meet a condition of para-
graph (1)(B), (1)(E), or (1)(F), a substantial failure to 
meet a condition of paragraph (1)(C), (1)(D), or 
(1)(G)(i)(I), or a misrepresentation of material fact in an 
application— 
‘‘(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 $1,000 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 
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of at least 1 year for aliens to be employed by the 
employer. 
‘‘(ii) If the Secretary finds, after notice and oppor-
tunity 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)— 
‘‘(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 $5,000 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 2 years for aliens to be employed by the 
employer. 
‘‘(iii) If the Secretary finds, after notice and oppor-
tunity for a hearing, a willful failure to meet a condition 
of paragraph (1) or a willful misrepresentation of material 
fact in an application, in the course of which failure or 
misrepresentation the employer displaced a United States 
worker employed by the employer within the period begin-
ning 180 days before and ending 180 days after the date 
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