; and (ii) by striking clause (ii) and inserting the following: (ii) Except as provided in clause (iii), an application described in this clause is an application filed by— (I) an H–1B-dependent employer; or (II) an employer that has been found under paragraph (2)(C) or (5) to have committed a willful failure or misrepresentation during the 5-year period preceding the filing of the application. (iii) (I) Except as provided in subclause (II), an application is not described in clause (ii) if the only H–1B nonimmigrants sought in the application are exempt H–1B nonimmigrants. (II) Subclause (I) shall not apply if the employer has more than 50 employees and more than 50 percent of the employer’s employees are H–1B nonimmigrants. ; (2) in paragraph (2)(F)— (A) by inserting (i) before Subject ; and (B) by adding at the end the following: (ii) The Director of U.S. Citizenship and Immigration Services shall provide the Secretary of Labor with any information contained in the materials submitted by employers of H–1B nonimmigrants as part of the petition adjudication process that indicates that the employer is not complying with visa program requirements for H–1B nonimmigrants. The Secretary may initiate and conduct an investigation and hearing under this paragraph after receiving information of noncompliance under this subparagraph. ; and (3) in paragraph (3)— (A) by amending subparagraph (A) to read as follows: (A) (i) For purposes of this subsection, the term H–1B-dependent employer means an employer that— (I) in the case of an employer that has 25 or fewer full-time equivalent employees who are employed in the United States, employs more than 7 H–1B nonimmigrants; (II) in the case of an employer that has at least 26 but not more than 50 full-time equivalent employees who are employed in the United States, employs more than 12 H–1B nonimmigrants