118 STAT. 3356 PUBLIC LAW 108–447—DEC. 8, 2004 ‘‘(II) the person or entity has been provided a period of not less than 10 business days (beginning after the date of the explanation) within which to correct the failure; and ‘‘(III) the person or entity has not corrected the failure voluntarily within such period. ‘‘(iii) A person or entity that, in the course of an investiga tion, is found to have violated the prevailing wage requirements set forth in paragraph (1)(A), shall not be assessed fines or other penalties for such violation if the person or entity can establish that the manner in which the prevailing wage was calculated was consistent with recognized industry standards and practices. ‘‘(iv) Clauses (i) and (iii) shall not apply to a person or entity that has engaged in or is engaging in a pattern or practice of willful violations of this subsection.’’. (c) SECRETARY OF LABOR REPORT.—Not later than January 31 of each year, the Secretary of Labor shall report to the Commit tees on the Judiciary of the Senate and the House of Representatives on the investigations undertaken based on— (1) the authorities described in clauses (i) and (ii) of section 212(n)(2)(G) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(2)(G)(i) and (ii)); and (2) the expenditures by the Secretary of Labor described in section 286(v)(2)(D) of the Immigration and Nationality Act (8 U.S.C. 1356(v)(2)(D)). SEC. 425. EXEMPTION OF CERTAIN ALIENS FROM NUMERICAL LIMITA TIONS ON H–1B NONIMMIGRANTS. (a) IN GENERAL.—Section 214(g)(5) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(5)) is amended— (1) in the matter preceding subparagraph (A), by striking ‘‘is employed (or has received an offer of employment) at’’; (2) in subparagraph (A)— (A) by inserting ‘‘is employed (or has received an offer of employment) at’’ before ‘‘an institution’’; and (B) by striking ‘‘or’’ at the end; (3) in subparagraph (B)— (A) by inserting ‘‘is employed (or has received an offer of employment) at’’ before ‘‘a nonprofit’’; and (B) by striking the period and inserting ‘‘; or’’; and (4) by adding at the end the following: ‘‘(C) has earned a master’s or higher degree from a United States institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)), until the number of aliens who are exempted from such numer ical limitation during such year exceeds 20,000.’’. (b) STATISTICS.—Beginning on the date of enactment of this Act, the Secretary of Homeland Security shall maintain statistical information on the country of origin and occupation of, educational level maintained by, and compensation paid to, each alien who is issued a visa or otherwise provided nonimmigrant status and is exempt under section 214(g)(5) of the Immigration and Nation ality Act (8 U.S.C. 1184(g)(5)) for each fiscal year. The statistical information shall be included in the annual report to Congress under section 416(c) of the American Competitiveness and Workforce Improvement Act of 1998 (Public Law 105–277; 112 Stat. 2681–655). 8 USC 1184 note. 8 USC 1381.
�
