Sec. 587. H–2B nonimmigrant labor certification application fees
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Section 212(a)(5)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(5)(A) ) is amended by adding the following: The Secretary of Labor shall impose a fee on an employer that submits an application for an employment certification for aliens granted nonimmigrant status under section 101(a)(15)(H)(ii)(b) to the Secretary of Labor under this subparagraph on or after the date that is 30 days after the date of enactment of the Increasing American Wages and Benefits Act of 2007. During the period beginning 30 days after the date of enactment of the Increasing American Wages and Benefits Act of 2007 and ending 1 year after such date, the fee imposed under subclause
(I)shall be $800 for each application. After the date that is one year after the date of enactment of the Increasing American Wages and Benefits Act of 2007, the fee imposed under subclause
(I)shall be set at a level the Secretary of Labor determines will ensure recovery of the full costs of carrying out labor certification activities under this subparagraph and will recover any additional costs associated with the administration of the fees collected. An employer subject to a fee under this clause shall not require or accept reimbursement, directly or indirectly, of or other compensation for all or part of the cost of such fee. If the Secretary of Labor determines, after notice and opportunity for a hearing, that a violation of item
(aa)has occurred, the Secretary of Labor may impose a civil penalty in an amount not to exceed $5,000 per violation. Fees and civil penalties collected under this clause shall be deposited in the H–2B Employment Certification Application Fee Account established under section 286(x). . Section 286 of the Immigration and Nationality Act ( 8 U.S.C. 1356 ) is amended by adding at the end the following: There is established in the general fund of the Treasury a separate account, which shall be known as the H–2B Employment Certification Application Fee Account . Notwithstanding any other provision of this title, there shall be deposited as offsetting receipts into the account all amounts from the fees and civil penalties collected under section 212(a)(5)(A)(v). Of the amounts deposited into the H–2B Employment Certification Application Fee Account under this subsection in each fiscal year, the Secretary of Labor shall use such amounts as the Secretary of Labor determines are necessary for the costs of Federal administration, including personnel, in carrying out labor certification activities under section 212(a)(5)(A), and to assist the States, as appropriate, in the determination of prevailing wages for purposes of carrying out such section. The fees deposited into the H–2B Employment Certification Application Fee Account under this subsection shall remain available until expended for the activities described in paragraph (2). . Section 212(a)(5)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(5)(A) ), as amended by subsection (a), is further amended by adding at the end the following: The Secretary of Labor may prescribe such regulations as may be necessary to ensure the integrity of the labor certification process carried out under this subparagraph. Such regulations may include standards and procedures under which employers and their representatives are excluded from participation in the labor certification process under this subparagraph. .
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