118 STAT. 3357 PUBLIC LAW 108–447—DEC. 8, 2004 SEC. 426. FRAUD PREVENTION AND DETECTION FEE. (a) IMPOSITION OF FEE.—Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)) is amended by adding at the end the following: ‘‘(12)(A) In addition to any other fees authorized by law, the Secretary of Homeland Security shall impose a fraud prevention and detection fee on an employer filing a petition under paragraph (1)— ‘‘(i) initially to grant an alien nonimmigrant status described in subparagraph (H)(i)(b) or (L) of section 101(a)(15); or ‘‘(ii) to obtain authorization for an alien having such status to change employers. ‘‘(B) In addition to any other fees authorized by law, the Sec retary of State shall impose a fraud prevention and detection fee on an alien filing an application abroad for a visa authorizing admission to the United States as a nonimmigrant described in section 101(a)(15)(L), if the alien is covered under a blanket petition described in paragraph (2)(A). ‘‘(C) The amount of the fee imposed under subparagraph (A) or (B) shall be $500. ‘‘(D) The fee imposed under subparagraph (A) or (B) shall only apply to principal aliens and not to the spouses or children who are accompanying or following to join such principal aliens. ‘‘(E) Fees collected under this paragraph shall be deposited in the Treasury in accordance with section 286(v).’’. (b) ESTABLISHMENT OF ACCOUNT; USE OF FEES.—Section 286 of the Immigration and Nationality Act (8 U.S.C. 1356) is amended by adding at the end the following: ‘‘(v) H–1B AND L FRAUD PREVENTION AND DETECTION ACCOUNT.— ‘‘(1) IN GENERAL.—There is established in the general fund of the Treasury a separate account, which shall be known as the ‘H–1B and L Fraud Prevention and Detection Account’. Notwithstanding any other provision of law, there shall be deposited as offsetting receipts into the account all fees collected under section 214(c)(12). ‘‘(2) USE OF FEES TO COMBAT FRAUD.— ‘‘(A) SECRETARY OF STATE.—One third of the amounts deposited into the H–1B and L Fraud Prevention and Detection Account shall remain available to the Secretary of State until expended for programs and activities at United States embassies and consulates abroad— ‘‘(i) to increase the number diplomatic security per sonnel assigned exclusively to the function of pre venting and detecting fraud by applicants for visas described in subparagraph (H)(i) or (L) of section 101(a)(15); ‘‘(ii) otherwise to prevent and detect such fraud pursuant to the terms of a memorandum of under standing or other cooperative agreement between the Secretary of State and the Secretary of Homeland Secu rity; and ‘‘(iii) upon request by the Secretary of Homeland Security, to assist such Secretary in carrying out the fraud prevention and detection programs and activities described in subparagraph (B).
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