; (iii) if such a hearing is requested and held, shall make a finding concerning the matter not later than 30 days after the date of such hearing; and (iv) in the case of similar complaints respecting the same petitioner employer, may consolidate the hearings under this subparagraph on such complaints. (D) Penalties (i) Finding of possible criminal violation If the Secretary of Labor, after notice and opportunity for a hearing under subparagraph (C), finds that a petitioner employer made one or more false statements in a sworn affidavit or similar court-recognized statement, the Secretary shall refer such petitioner employer to the Attorney General for criminal prosecution. (ii) Finding of material failure without displacement If the Secretary of Labor, after notice and opportunity for a hearing under subparagraph (C), finds that a petitioner employer materially failed to meet a condition required under paragraph (1), the Secretary may— (I) impose a fine against the petitioner employer that is not less than $50,000 and not greater than $100,000 per violation, which shall be deposited into the general fund of the Treasury; (II) immediately revoke all issued H–1B visas currently being used by the petitioner employer