; and (B) initiate and pursue removal under section 237(a)(1)(C)(i). (d) Registered employer (1) Application An employer seeking to be a registered employer may submit an application to the Secretary. Each such application shall include the following: (A) Documentation to establish that the employer is a bona fide employer operating in a full employment area. (B) Evidence that the employer is current in payment of payroll taxes. (C) The employer’s Federal tax identification number or employer identification number issued by the Internal Revenue Service. (D) The number of H–2C nonimmigrants the employer estimates the employer will seek to employ annually. (2) Referral for fraud investigation The Secretary may refer an application submitted under paragraph (1) or subsection (e)(1)(A) to the Fraud Detection and National Security Directorate of U.S. Citizenship and Immigration Services for potential investigation if there is evidence of fraud particular to such application. (3) Ineligible employers (A) In general Notwithstanding any other applicable penalties under law, the Secretary shall deny an employer’s application to be a registered employer if the Secretary determines, after notice and an opportunity for a hearing, that the employer submitting such application— (i) has, in such application (including any attestations required by law)— (I) knowingly misrepresented a material fact; (II) knowingly made a fraudulent statement; or (III) knowingly failed to comply with the terms of such attestations; (ii) failed to cooperate in the process established pursuant to subsection (m); (iii) has been convicted of an offense under chapter 77 of title 18, United States Code, any conspiracy to commit such an offense, or any human trafficking offense under State or territorial law