Page:United States Statutes at Large Volume 104 Part 6.djvu/632

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104 STAT. 5022 PUBLIC LAW 101-649—NOV. 29, 1990 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, United States Code, 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) If the Secretary finds, after notice and opportunity for a hearing, a failure to meet a condition (or a substantial failure in the case of a condition described in subparagraph (C) or (D) of paragraph (1)) or 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 204 or 214(c) during a period of at least 1 year for aliens to be employed by the employer. "(D) In addition to the sanctions provided under subparagraph (C), 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).". (d) LIMITATION ON TRAINEES.— Section 101(a)(15XHXiii) (8 U.S.C. 1101(a)(15)(H)(iii)) is amended by inserting before the semicolon at the end the following: ", in a training program that is not designed primarily to provide productive employment". (e) REMOVAL OF FOREIGN RESIDENCE REQUIREMENT FOR H-1 NONIMMIGRANTS.—Section 101(a)(15XH) (8 U.S.C. 1101(a)(15)(H)) is amended— (1) by striking "having a residence in a foreign country which he has no intention of abandoning"; (2) in clause (ii), by striking "who is coming temporarily to the United States (a)" and inserting "(a) having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States"; (3) in clause (ii)(b), by inserting "having a residence in a foreign country which he has no intention of abandoning who is coming temporarily to the United States" immediately after "(b)"; and (4) in clause (iii), by inserting "having a residence in a foreign country which he has no intention of abandoning" after "(iii)". SEC. 206. INTRA-COMPANY TRANSFEREES (L NONIMMIGRANTS). 8 USC 1101 note. (a) CLARIFICATION OF TREATMENT OF CERTAIN INTERNATIONAL ACCOUNTING FIRMS.— In applying sections 101(a)(15XL) and 203(b)(l)(C) of the Immigration and Nationality Act, in the case of a partnership that is organized in the United States to provide accounting services and that markets its accounting services under an internationaly recognized name under an agreement with a worldwide coordinating organization that is owned and controlled