; and (E) at the third and subsequent annual reviews, an approval from the Department of Homeland Security of an Immigrant Petition for Alien Worker filed on the alien’s behalf. (2) Effect of denial A filing with the Department of Labor on the alien’s behalf of an Application for Permanent Employment Certification or a filing with the Department of Homeland Security on the alien’s behalf of an Immigrant Petition for Alien Worker shall not qualify as proof or evidence under paragraph (1) if— (A) the Application for Permanent Employment Certification or the Immigrant Petition for Alien Worker has been denied by a final agency action; or (B) an approved Immigrant Petition for Alien Worker filed on the alien’s behalf was revoked for cause under section 205. (c) Transfers (1) In general Except as provided in paragraph (2), an alien receiving conditional permanent resident status under subsection (a) may begin employment with a new employer without affecting his or her status if the new employer complies with the requirements set forth in section 204(a)(1)(M). (2) Fee Notwithstanding section 204(a)(1)(M), the fee payable by the new employer for each alien shall be— (A) $10,000 if the new employer hires the alien during the 1-year period beginning on the date on which the alien obtained conditional permanent resident status under subsection (a); (B) $5,000 if the new employer hires the alien during the 1-year period beginning at the end of the period described in subparagraph (A); (C) $2,500 if the new employer hires the alien during the 1-year period beginning at the end of the period described in subparagraph (B); and (D) zero if the new employer hires the alien after the end of the period described in subparagraph (C). (d) Termination The Secretary of Homeland Security shall terminate the conditional permanent resident status of an alien who received such status under subsection (a) if— (1) the alien— (A) fails to submit the required proof or evidence at the annual review in accordance with subsection (b)