‘‘(ii) is an alien who is lawfully admitted 
for permanent residence, is admitted as a ref-
ugee under section 207, is granted asylum 
under section 208, or is an immigrant otherwise 
authorized, by this Act or by the Secretary of 
Homeland Security, to be employed. 
‘‘(4)(A) This paragraph shall apply instead of sub-
paragraphs (A) through (E) of paragraph (2) in the case 
of a violation described in subparagraph (B), but shall not 
be construed to limit or affect the authority of the Sec-
retary or the Secretary of Homeland Security with respect 
to any other violation. 
‘‘(B) The Secretary of Homeland Security shall es-
tablish a process for the receipt, initial review, and disposi-
tion in accordance with this paragraph of complaints re-
specting an employer’s failure to meet the condition of 
paragraph (1)(F)(i)(II) or a petitioner’s misrepresentation 
of material facts with respect to such condition. Com-
plaints may be filed by an aggrieved individual who has 
submitted a re´sume´ or otherwise applied in a reasonable 
manner for the job that is the subject of the condition. 
No proceeding shall be conducted under this paragraph 
on a complaint concerning such a failure or misrepresenta-
tion unless the Secretary of Homeland Security deter-
mines that the complaint was filed not later than 12 
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mstockstill on PROD1PC66 with BILLS
months after the date of the failure or misrepresentation, 
respectively.’’. 
(b) LIABILITY
FOR COSTS
OF RETURN.—Section 
214(c)(5)(A) of such Act (8 U.S.C. 1184(c)(5)(A)) is 
amended 
by 
inserting 
‘‘or 
101(a)(15)(L)’’ 
after 
‘‘101(a)(15)(H)(ii)(b)’’. 
(c) APPLICATION OF FEE.— 
(1) IMPOSITION OF FEE.—Section 214(c)(9) of 
such Act (8 U.S.C. 1184(c)(9)) is amended by add-
ing at the end the following new subparagraph: 
‘‘(D) The previous provisions of this paragraph shall 
apply to a nonimmigrant status described in section 
101(a)(15)(L) in the same manner as it applies to a 
nonimigrant status described in section 101(a)(15)(H)(i), 
except that fees so collected shall be deposited in the 
Treasury in accordance with section 286(v).’’. 
(2) DEPOSIT AND USE OF FEES.—Section 286 
of such Act (8 U.S.C. 1356) is amended— 
(A) in subsection (s)(1), by inserting 
‘‘(other than under subparagraph (D) thereof)’’ 
after ‘‘214(c)(9)’’; and 
(B) by adding at the end the following new 
subsection: 
‘‘(v) 
L–1B 
NONIMMIGRANT
PETITIONER
AC-
COUNT.— 
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mstockstill on PROD1PC66 with BILLS
‘‘(1) IN GENERAL.—There is established in the 
general fund of the Treasury a separate account, 
which shall be known as the ‘L–1 Nonimmigrant Pe-
titioner Account’. Notwithstanding any other section 
of this title, there shall be deposited as offsetting re-
ceipts into the account all fees collected under sec-
tion 214(c)(9)(D). 
‘‘(2) USE OF FEES FOR DATA PROCESSING.—30 
percent of amounts deposited into the L–1 Non-
immigrant Petitioner Account shall remain available 
to the Bureau of Citizenship and Immigration Serv-
ices in the Department of Homeland Security for 
processing and data collection. 
‘‘(3) USE
OF
FEES
FOR
LABOR
ENFORCE-
MENT.—40 percent of amounts deposited into the 
L–1 Nonimmigrant Petitioner Account shall remain 
available to the Secretary of Labor for enforcement 
activities. 
‘‘(4) USE OF FEES FOR TRAINING AND EDU-
CATION OF UNITED STATES WORKERS.—30 percent 
of amounts deposited into the L–1 Nonimmigrant 
Petitioner Account shall remain available to the Sec-
retary of Labor for training and education of United 
States workers.’’. 
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(d) APPLICATION OF ANNUAL CAP.—Section 214 of 
such Act (8 U.S.C. 1184) is amended by adding at the 
end the following new subsection: 
‘‘(q)(1) The total number of aliens who may be issued 
visas or otherwise provided nonimmigrant status during 
any fiscal year (beginning with fiscal year 2004) under 
section 101(a)(15)(L, may not exceed 35,000. 
‘‘(2) The numerical limitations of paragraph (1) shall 
only apply to principal aliens and not to the spouses or 
children of such aliens. 
‘‘(3) In the case of a nonimmigrant described in sec-
tion 101(a)(15)(H)(i)(b), the period of authorized admis-
sion as such a nonimmigrant may not exceed 3 years. 
‘‘(4) The numerical limitations contained in para-
graph (1)(A) shall not apply to any nonimmigrant alien 
issued a visa or otherwise provided status under section 
101(a)(15)(L) who is employed (or has received an offer 
of employment) at— 
‘‘(A) an institution of higher education (as de-
fined in section 101(a) of the Higher Education Act 
of 1965 (20 U.S.C. 1001(a))), or a related or affili-
ated nonprofit entity; or 
‘‘(B) a nonprofit research organization or a 
governmental research organization.’’. 
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