; or (C) for knowingly failing to materially comply with the terms of other representations made in petitions, applications, certifications, or attestations under this section— (i) a fine in an amount not more than $4,000 per violation; and (ii) upon the occasion of a third offense of failure to comply with representations, a fine in an amount not to exceed $5,000 per violation and designation as an ineligible employer, pursuant to subsection (d)(3)(B)(i). (3) Criminal penalty Any H–2C nonimmigrant who intentionally fails to report to a registered position in the time period specified in subsection (c)(6)(A)(i) or a registered employer who knowingly facilitates an H–2C nonimmigrant to intentionally fail to report in the time period specified above shall— (A) for a first offense, be fined in accordance with title 18, United States Code, in an amount up to $5,000, or imprisoned for not more than 90 days