; or (bb) the beneficiary of such petition does not apply for a visa within 60 days after the approval of such petition. (II) Use of revoked petition A revoked petition under this paragraph shall be immediately available for use within the same fiscal year for which the petition was approved and shall not be further counted against the numerical limit for that year. (v) Legitimate business (I) In general A prospective employer that is not a legitimate business may not be granted a petition. (II) Defined term In this clause, the term legitimate business means a real, active, and operating commercial or entrepreneurial undertaking that the Secretary, in the Secretary’s sole discretion, determines— (aa) produces services or goods for profit, or is a governmental, charitable, or other validly recognized nonprofit entity; (bb) meets applicable legal requirements for doing business in the Commonwealth; (cc) has substantially complied with wage and hour laws, occupational safety and health requirements, and all other Federal requirements related to employment during the preceding 5 years; and (dd) does not directly or indirectly engage in prostitution, human trafficking, or any other activity that is illegal under Federal or Commonwealth law. (vi) Construction occupations A permit for Construction and Extraction Occupations (as defined by the Department of Labor as Standard Occupational Classification Group 47–0000) may only be issued to extend a permit that was first issued before October 1, 2015. ; (D) in paragraph (4), as redesignated, by inserting or to Guam for the purpose of transit only after except admission to the Commonwealth ; (E) in paragraph (5), as redesignated, by adding at the end the following: Approval of a petition filed by the new employer within the same fiscal year as the current permit shall not count against the numerical limitation for that period.