From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and December 4, 2001]
[CITE: 8USC1182]
 
TITLE 8--ALIENS AND NATIONALITY
CHAPTER 12--IMMIGRATION AND NATIONALITY
SUBCHAPTER II--IMMIGRATION
 
Part II--Admission Qualifications for Aliens; Travel Control of Citizens
and Aliens
 
Sec. 1182. Inadmissible aliens

(n) Labor condition application

    (1) No alien may be admitted or provided status as an H-1B
nonimmigrant in an occupational classification unless the employer has
filed with the Secretary of Labor an application stating the following:
        (A) The employer--
            (i) is offering and will offer during the period of
        authorized employment to aliens admitted or provided status as
        an H-1B nonimmigrant wages that are at least--
                (I) the actual wage level paid by the employer to all
            other individuals with similar experience and qualifications
            for the specific employment in question, or
                (II) the prevailing wage level for the occupational
            classification in the area of employment,

        whichever is greater, based on the best information available as
        of the time of filing the application, and
            (ii) will provide working conditions for such a nonimmigrant
        that will not adversely affect the working conditions of workers
        similarly employed.

        (B) There is not a strike or lockout in the course of a labor
    dispute in the occupational classification at the place of
    employment.
        (C) The employer, at the time of filing the application--
            (i) has provided notice of the filing under this paragraph
        to the bargaining representative (if any) of the employer's
        employees in the occupational classification and area for which
        aliens are sought, or
            (ii) if there is no such bargaining representative, has
        provided notice of filing in the occupational classification
        through such methods as physical posting in conspicuous
        locations at the place of employment or electronic notification
        to employees in the occupational classification for which H-1B
        nonimmigrants are sought.

        (D) The application shall contain a specification of the number
    of workers sought, the occupational classification in which the
    workers will be employed, and wage rate and conditions under which
    they will be employed.
        (E)(i) In the case of an application described in clause (ii),
    the employer did not displace and will not displace a United States
    worker (as defined in paragraph (4)) employed by the employer within
    the period beginning 90 days before and ending 90 days after the
    date of filing of any visa petition supported by the application.
        (ii) An application described in this clause is an application
    filed on or after the date final regulations are first promulgated
    to carry out this subparagraph, and before October 1, 2003, by an H-
    1B-dependent employer (as defined in paragraph (3)) or by an
    employer that has been found, on or after October 21, 1998, under
    paragraph (2)(C) or (5) to have committed a willful failure or
    misrepresentation during the 5-year period preceding the filing of
    the application. An application is not described in this clause if
    the only H-1B nonimmigrants sought in the application are exempt H-
    1B nonimmigrants.
        (F) In the case of an application described in subparagraph
    (E)(ii), the employer will not place the nonimmigrant with another
    employer (regardless of whether or not such other employer is an H-
    1B-dependent employer) where--
            (i) the nonimmigrant performs duties in whole or in part at
        one or more worksites owned, operated, or controlled by such
        other employer; and
            (ii) there are indicia of an employment relationship between
        the nonimmigrant and such other employer;

    unless the employer has inquired of the other employer as to
    whether, and has no knowledge that, within the period beginning 90
    days before and ending 90 days after the date of the placement of
    the nonimmigrant with the other employer, the other employer has
    displaced or intends to displace a United States worker employed by
    the other employer.
        (G)(i) In the case of an application described in subparagraph
    (E)(ii), subject to clause (ii), the employer, prior to filing the
    application--
            (I) has taken good faith steps to recruit, in the United
        States using procedures that meet industry-wide standards and
        offering compensation that is at least as great as that required
        to be offered to H-1B nonimmigrants under subparagraph (A),
        United States workers for the job for which the nonimmigrant or
        nonimmigrants is or are sought; and
            (II) has offered the job to any United States worker who
        applies and is equally or better qualified for the job for which
        the nonimmigrant or nonimmigrants is or are sought.

        (ii) The conditions described in clause (i) shall not apply to
    an application filed with respect to the employment of an H-1B
    nonimmigrant who is described in subparagraph (A), (B), or (C) of
    section 1153(b)(1) of this title.

The employer shall make available for public examination, within one
working day after the date on which an application under this paragraph
is filed, at the employer's principal 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 classification) of the applications filed
under this subsection. Such list shall include the wage rate, number of
aliens sought, period of intended employment, and date of need. The
Secretary shall make such list available for public examination in
Washington, D.C. The Secretary of Labor shall review such an application
only for completeness and obvious inaccuracies. Unless the Secretary
finds that the application is incomplete or obviously inaccurate, the
Secretary shall provide the certification described in section
1101(a)(15)(H)(i)(b) of this title within 7 days of the date of the
filing of the application. The application form shall include a clear
statement explaining the liability under subparagraph (F) of a placing
employer if the other employer described in such subparagraph displaces
a United States worker as described in such subparagraph. Nothing in
subparagraph (G) shall be construed to prohibit an employer from using
legitimate selection criteria relevant to the job that are normal or
customary to the type of job involved, so long as such criteria are not
applied in a discriminatory manner.
    (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 failure or misrepresentation
unless the complaint was filed not later than 12 months after the date
of the failure or misrepresentation, respectively. The Secretary shall
conduct an investigation under this paragraph if there is reasonable
cause to believe that such a failure or misrepresentation has occurred.
    (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
determination to the interested parties and an opportunity for a hearing
on the complaint, in accordance with section 556 of title 5, within 60
days after the date of the determination. If such a hearing is
requested, 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 hearings under this subparagraph on such complaints.
    (C)(i) If the Secretary finds, after notice and opportunity for a
hearing, a failure to meet a condition of paragraph (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 Attorney General of such
    finding and may, in addition, impose such other administrative
    remedies (including civil monetary penalties in an amount not to
    exceed $1,000 per violation) as the Secretary determines to be
    appropriate; and
        (II) the Attorney General shall not approve petitions filed with
    respect to that employer under section 1154 or 1184(c) of this title
    during a period of at least 1 year for aliens to be employed by the
    employer.

    (ii) If the Secretary finds, after notice and opportunity 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 Attorney General of such
    finding and may, in addition, impose such other administrative
    remedies (including civil monetary penalties in an amount not to
    exceed $5,000 per violation) as the Secretary determines to be
    appropriate; and
        (II) the Attorney General shall not approve petitions filed with
    respect to that employer under section 1154 or 1184(c) of this title
    during a period of at least 2 years for aliens to be employed by the
    employer.

    (iii) If the Secretary finds, after notice and opportunity 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
beginning 90 days before and ending 90 days after the date of filing of
any visa petition supported by the application--
        (I) the Secretary shall notify the Attorney General of such
    finding and may, in addition, impose such other administrative
    remedies (including civil monetary penalties in an amount not to
    exceed $35,000 per violation) as the Secretary determines to be
    appropriate; and
        (II) the Attorney General shall not approve petitions filed with
    respect to that employer under section 1154 or 1184(c) of this title
    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 intimidate, 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 regulation pertaining to this subsection, or
because the employee cooperates or seeks to cooperate in an
investigation or other proceeding concerning the employer's compliance
with the requirements of this subsection or any rule or regulation
pertaining to this subsection.
    (v) The Secretary of Labor and the Attorney General shall devise a
process under which an H-1B nonimmigrant who files a complaint regarding
a violation 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 require an H-1B
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 require an alien who is the
subject of a petition filed under section 1184(c)(1) of this title, for
which a fee is imposed under section 1184(c)(9) of this title, to
reimburse, or otherwise compensate, the employer for part or all of the
cost of such fee. It is a violation of this clause for such an employer
otherwise to accept such reimbursement or compensation from such an
alien.
    (III) 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
nonimmigrant 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-1B nonimmigrant designated as a full-time employee on the
petition filed under section 1184(c)(1) of this title 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
nonimmigrant 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-1B nonimmigrant designated as a part-time employee on the
petition filed under section 1184(c)(1) of this title 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.
    (III) In the case of an H-1B 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 1184(c)(1) of this
title, 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-1B
nonimmigrant for nonproductive time due to non-work-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-
1B nonimmigrant an established salary practice of the employer, under
which the employer pays to H-1B nonimmigrants and United States workers
in the same 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 violate any condition
    of the nonimmigrant's authorization under this chapter to remain in
    the United States.

    (VI) This clause shall not be construed as superseding 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 H-1B nonimmigrant, during the nonimmigrant's period of
authorized employment, benefits and eligibility for benefits (including
the opportunity to participate in health, life, disability, and other
insurance plans; the opportunity to participate in retirement 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) If the Secretary finds, after notice and opportunity for a
hearing, that an employer has not paid wages at the wage level specified
under the application and required under paragraph (1), the Secretary
shall order the employer to provide for payment of such amounts of 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.
    (E) If an H-1B-dependent employer places a nonexempt H-1B
nonimmigrant with another employer as provided under paragraph (1)(F)
and the other employer has displaced or displaces a United States worker
employed by such other employer during the period described in such
paragraph, such displacement shall be considered for purposes of this
paragraph a failure, by the placing employer, to meet a condition
specified in an application submitted under paragraph (1); except that
the Attorney General may impose a sanction described in subclause (II)
of subparagraph (C)(i), (C)(ii), or (C)(iii) only if the Secretary of
Labor found that such placing employer--
        (i) knew or had reason to know of such displacement at the time
    of the placement of the nonimmigrant with the other employer; or
        (ii) has been subject to a sanction under this subparagraph
    based upon a previous placement of an H-1B nonimmigrant with the
    same other employer.

    (F) 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 October 21, 1998) on which the employer is found by
the Secretary to have committed a willful failure to meet a condition of
paragraph (1) (or has been found under paragraph (5) to have committed a
willful failure to meet the condition of paragraph (1)(G)(i)(II)) or to
have made a willful misrepresentation of material fact in an
application. The preceding sentence shall apply to an employer
regardless of whether or not the employer is an H-1B-dependent employer.
The authority of the Secretary under this subparagraph shall not be
construed to be subject to, or limited by, the requirements of
subparagraph (A).
    (G)(i) If the Secretary receives specific credible information 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 condition application under paragraph (1), and whose identity is
known to the Secretary, and such information provides reasonable cause
to believe that the employer has committed a willful failure to meet a
condition of paragraph (1)(A), (1)(B), (1)(E), (1)(F), or (1)(G)(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
condition 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 personally certify that the requirements for
conducting such an investigation have been met and shall approve
commencement 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.
    (ii) The Secretary shall establish a procedure for any person,
desiring to provide to the Secretary information described in clause (i)
that may be used, in whole or in part, as the basis for commencement of
an investigation described in such clause, to provide the information in
writing on a form developed and provided by the Secretary and completed
by or on behalf of the person. The person may not be an officer or
employee of the Department of Labor, unless the information satisfies
the requirement of clause (iii)(II) (although an officer or employee of
the Department of Labor may complete the form 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 and that (I) originates from a source other than an
officer or employee of the Department of Labor, or (II) was lawfully
obtained by the Secretary of Labor in the course of lawfully conducting
another Department of Labor investigation under this chapter or any
other Act.
    (iv) The receipt by the Secretary of information submitted by an
employer to the Attorney General or the Secretary for purposes of
securing the employment of an H-1B nonimmigrant shall not be considered
a receipt of information for purposes of clause (i).
    (v) No investigation described in clause (i) (or hearing described
in clause (vii)) may be conducted with respect to information about a
failure to meet a condition described in clause (i), unless the
Secretary receives the information not later than 12 months after the
date of the alleged failure.
    (vi) The Secretary shall provide notice to an employer with respect
to whom the Secretary has received information described in clause (i),
prior to the commencement of an investigation under such clause, of the
receipt of the information and of the potential for an investigation.
The notice shall be provided in such a manner, and shall contain
sufficient detail, to permit the employer to respond to the allegations
before an investigation is commenced. The Secretary is not required to
comply with this clause if the Secretary determines that to do so would
interfere with an effort by the Secretary to secure compliance by the
employer with the requirements of this subsection. There shall be no
judicial review of a determination by the Secretary under this clause.
    (vii) If the Secretary determines under this subparagraph 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 interested parties and an opportunity for a
hearing, in accordance with section 556 of title 5, within 60 days after
the date of the determination. If such a hearing is requested, the
Secretary shall make a finding concerning the matter by not later than
60 days after the date of the hearing.
    (H) Nothing in this subsection shall be construed as superseding or
preempting any other enforcement-related authority under this chapter
(such as the authorities under section 1324b of this title), or any
other Act.
    (3)(A) For purposes of this subsection, the term ``H-1B-dependent
employer'' means an employer that--
        (i)(I) has 25 or fewer full-time equivalent employees who are
    employed in the United States; and (II) employs more than 7 H-1B
    nonimmigrants;
        (ii)(I) has at least 26 but not more than 50 full-time
    equivalent employees who are employed in the United States; and (II)
    employs more than 12 H-1B nonimmigrants; or
        (iii)(I) has at least 51 full-time equivalent employees who are
    employed in the United States; and (II) employs H-1B nonimmigrants
    in a number that is equal to at least 15 percent of the number of
    such full-time equivalent employees.

    (B) For purposes of this subsection--
        (i) the term ``exempt H-1B nonimmigrant'' means an H-1B
    nonimmigrant who--
            (I) receives wages (including cash bonuses and similar
        compensation) at an annual rate equal to at least $60,000; or
            (II) has attained a master's or higher degree (or its
        equivalent) in a specialty related to the intended employment;
        and

        (ii) the term ``nonexempt H-1B nonimmigrant'' means an H-1B
    nonimmigrant who is not an exempt H-1B nonimmigrant.

    (C) For purposes of subparagraph (A)--
        (i) in computing the number of full-time equivalent employees
    and the number of H-1B nonimmigrants, exempt H-1B nonimmigrants
    shall not be taken into account during the longer of--
            (I) the 6-month period beginning on October 21, 1998; or
            (II) the period beginning on October 21, 1998, and ending on
        the date final regulations are issued to carry out this
        paragraph; and

        (ii) any group treated as a single employer under subsection
    (b), (c), (m), or (o) of section 414 of title 26 shall be treated as
    a single employer.

    (4) For purposes of this subsection:
        (A) The term ``area of employment'' means the area within normal
    commuting distance of the worksite or physical location where the
    work of the H-1B nonimmigrant is or will be performed. If such
    worksite or location is within a Metropolitan Statistical Area, any
    place within such area is deemed to be within the area of
    employment.
        (B) In the case of an application with respect to one or more H-
    1B nonimmigrants by an employer, the employer is considered to
    ``displace'' a United States worker from a job if the employer lays
    off the worker from a job that is essentially the equivalent of the
    job for which the nonimmigrant or nonimmigrants is or are sought. A
    job shall not be considered to be essentially equivalent of another
    job unless it involves essentially the same responsibilities, was
    held by a United States worker with substantially equivalent
    qualifications and experience, and is located in the same area of
    employment as the other job.
        (C) The term ``H-1B nonimmigrant'' means an alien admitted or
    provided status as a nonimmigrant described in section
    1101(a)(15)(H)(i)(b) of this title.
        (D)(i) The term ``lays off'', with respect to a worker--
            (I) means to cause the worker's loss of employment, other
        than through a discharge for inadequate performance, violation
        of workplace rules, cause, voluntary departure, voluntary
        retirement, or the expiration of a grant or contract (other than
        a temporary employment contract entered into in order to evade a
        condition described in subparagraph (E) or (F) of paragraph
        (1)); but
            (II) does not include any situation in which the worker is
        offered, as an alternative to such loss of employment, a similar
        employment opportunity with the same employer (or, in the case
        of a placement of a worker with another employer under paragraph
        (1)(F), with either employer described in such paragraph) at
        equivalent or higher compensation and benefits than the position
        from which the employee was discharged, regardless of whether or
        not the employee accepts the offer.

        (ii) Nothing in this subparagraph is intended to limit an
    employee's rights under a collective bargaining agreement or other
    employment contract.
        (E) The term ``United States worker'' means an employee who--
            (i) is a citizen or national of the United States; or
            (ii) is an alien who is lawfully admitted for permanent
        residence, is admitted as a refugee under section 1157 of this
        title, is granted asylum under section 1158 of this title, or is
        an immigrant otherwise authorized, by this chapter or by the
        Attorney General, to be employed.

    (5)(A) This paragraph shall apply instead of subparagraphs (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 Secretary or the Attorney General with respect to any
other violation.
    (B) The Attorney General shall establish a process for the receipt,
initial review, and disposition in accordance with this paragraph of
complaints respecting an employer's failure to meet the condition of
paragraph (1)(G)(i)(II) or a petitioner's misrepresentation of material
facts with respect to such condition. Complaints may be filed by an
aggrieved individual who has submitted a resume 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 misrepresentation unless the Attorney
General determines that the complaint was filed not later than 12 months
after the date of the failure or misrepresentation, respectively.
    (C) If the Attorney General finds that a complaint has been filed in
accordance with subparagraph (B) and there is reasonable cause to
believe that such a failure or misrepresentation described in such
complaint has occurred, the Attorney General shall initiate binding
arbitration proceedings by requesting the Federal Mediation and
Conciliation Service to appoint an arbitrator from the roster of
arbitrators maintained by such Service. The procedure and rules of such
Service shall be applicable to the selection of such arbitrator and to
such arbitration proceedings. The Attorney General shall pay the fee and
expenses of the arbitrator.
    (D)(i) The arbitrator shall make findings respecting whether a
failure or misrepresentation described in subparagraph (B) occurred. If
the arbitrator concludes that failure or misrepresentation was willful,
the arbitrator shall make a finding to that effect. The arbitrator may
not find such a failure or misrepresentation (or that such a failure or
misrepresentation was willful) unless the complainant demonstrates such
a failure or misrepresentation (or its willful character) by clear and
convincing evidence. The arbitrator shall transmit the findings in the
form of a written opinion to the parties to the arbitration and the
Attorney General. Such findings shall be final and conclusive, and,
except as provided in this subparagraph, no official or court of the
United States shall have power or jurisdiction to review any such
findings.
    (ii) The Attorney General may review and reverse or modify the
findings of an arbitrator only on the same bases as an award of an
arbitrator may be vacated or modified under section 10 or 11 of title 9.
    (iii) With respect to the findings of an arbitrator, a court may
review only the actions of the Attorney General under clause (ii) and
may set aside such actions only on the grounds described in subparagraph
(A), (B), or (C) of section 706(a)(2) of title 5. Notwithstanding any
other provision of law, such judicial review may only be brought in an
appropriate United States court of appeals.
    (E) If the Attorney General receives a finding of an arbitrator
under this paragraph that an employer has failed to meet the condition
of paragraph (1)(G)(i)(II) or has misrepresented a material fact with
respect to such condition, unless the Attorney General reverses or
modifies the finding under subparagraph (D)(ii)--
        (i) the Attorney General may impose administrative remedies
    (including civil monetary penalties in an amount not to exceed
    $1,000 per violation or $5,000 per violation in the case of a
    willful failure or misrepresentation) as the Attorney General
    determines to be appropriate; and
        (ii) the Attorney General is authorized to not approve petitions
    filed, with respect to that employer and for aliens to be employed
    by the employer, under section 1154 or 1184(c) of this title--
            (I) during a period of not more than 1 year; or
            (II) in the case of a willful failure or willful
        misrepresentation, during a period of not more than 2 years.

    (F) The Attorney General shall not delegate, to any other employee
or official of the Department of Justice, any function of the Attorney
General under this paragraph, until 60 days after the Attorney General
has submitted a plan for such delegation to the Committees on the
Judiciary of the United States House of Representatives and the Senate.