§ 4214 : APPLICATION REVIEW REQUIREMENTS

APPLICATION REVIEW REQUIREMENTS.—Subparagraph (K) of such section 212(n)(1), as designated by subsection (a), is amended—

1.

by inserting and through the Department of Labor’s website, without charge. after D.C.;

2.

by striking only for completeness and inserting for completeness and evidence of fraud or misrepresentation of material fact,;

3.

by striking or obviously inaccurate and inserting , presents evidence of fraud or misrepresentation of material fact, or is obviously inaccurate;

4.

by striking within 7 days of the and inserting not later than 14 after; and

5.

by adding at the end the following:If the Secretary’s review of an application identifies evidence of fraud or misrepresentation of material fact, the Secretary may conduct an investigation and hearing in accordance with paragraph (2)..

FILING OF PETITION FOR NONIMMIGRANT WORKER.— Section 212(n)(1)(8 U.S.C. 1182(n)(1)), as amended by section 4213, is further amended by adding at the end the following:

L.

An I–129 Petition for Nonimmigrant Worker (or similar successor form)—

i.

may be filed by an employer with the Secretary of Homeland Security prior to the date the employer receives an approved certification described in section 101(a)(15)(H)(i)(b)from the Secretary of Labor; and

ii.

may not be approved by the Secretary of Homeland Security until the date such certification is approved.