PUBLIC LAW 109–13—MAY 11, 2005
119 STAT. 319
estimates and projections derived from Department of State data. SEC. 403. FRAUD PREVENTION AND DETECTION FEE.
(a) IMPOSITION OF FEE.—Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)), as amended by section 426(a) of division J of the Consolidated Appropriations Act, 2005 (Public Law 108–447), is amended by adding at the end the following: ‘‘(13)(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) for nonimmigrant workers described in section 101(a)(15)(H)(ii)(b). ‘‘(B) The amount of the fee imposed under subparagraph (A) shall be $150.’’. (b) USE OF FEES.— (1) FRAUD PREVENTION AND DETECTION ACCOUNT.—Subsection (v) of section 286 of the Immigration and Nationality Act (8 U.S.C. 1356), as added by section 426(b) of division J of the Consolidated Appropriations Act, 2005 (Public Law 108–447), is amended— (A) in paragraphs (1), (2)(A), (2)(B), (2)(C), and (2)(D) by striking ‘‘H1–B and L’’ each place it appears; (B) in paragraph (1), as amended by subparagraph (A), by striking ‘‘section 214(c)(12)’’ and inserting ‘‘paragraph (12) or (13) of section 214(c)’’; (C) in paragraphs (2)(A)(i) and (2)(B), as amended by subparagraph (A), by striking ‘‘(H)(i)’’ each place it appears and inserting ‘‘(H)(i), (H)(ii),’’; and (D) in paragraph (2)(D), as amended by subparagraph (A), by inserting before the period at the end ‘‘or for programs and activities to prevent and detect fraud with respect to petitions under paragraph (1) or (2)(A) of section 214(c) to grant an alien nonimmigrant status described in section 101(a)(15)(H)(ii)’’. (2) CONFORMING AMENDMENT.—The heading of such subsection (v) of section 286 is amended by striking ‘‘H1–B and L’’. (c) EFFECTIVE DATE.—The amendments made by subsections (a) and (b) shall take effect 14 days after the date of the enactment of this Act and shall apply to filings for a fiscal year after fiscal year 2005.
8 USC 1356. 8 USC 1184 note.
SEC. 404. SANCTIONS.
(a) IN GENERAL.—Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)), as amended by section 403, is further amended by adding at the end the following: ‘‘(14)(A) If the Secretary of Homeland Security finds, after notice and an opportunity for a hearing, a substantial failure to meet any of the conditions of the petition to admit or otherwise provide status to a nonimmigrant worker under section 101(a)(15)(H)(ii)(b) or a willful misrepresentation of a material fact in such petition— ‘‘(i) the Secretary of Homeland Security may, in addition to any other remedy authorized by law, impose such administrative remedies (including civil monetary penalties in an amount not to exceed $10,000 per violation) as the Secretary of Homeland Security determines to be appropriate; and
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