; and (B) the Secretary shall not approve petitions filed with respect to that employer under section 204 or 214(c) during a period of at least 2 years for aliens to be employed by the employer. . (b) Liquidated damages prohibited Section 212(n)(2)(C)(vi)(I) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(2)(C)(vi)(I) ) is amended by striking all that follows after a violation of this clause and inserting the following: for an employer who has filed an application under this subsection to require an H–1B nonimmigrant to pay a penalty or liquidated damages for ceasing employment with the employer prior to a date agreed to by the nonimmigrant and the employer. . 5. Strengthening the prevailing wage system to protect american workers Section 212(p) of the Immigration and Nationality Act ( 8 U.S.C. 1182(p) ) is amended to read as follows: (p) Computation of prevailing wage level (1) The Secretary of Labor shall make available to employers a governmental survey to determine the prevailing wage for each occupational classification by metropolitan statistical area in the United States. Such survey, or other survey approved by the Secretary of Labor, shall provide 3 levels of wages commensurate with experience, education, and level of supervision. Such wage levels shall be determined as follows: (A) The first level shall be the mean of the lowest two-thirds of wages surveyed, but in no case less than 80 percent of the mean of the wages surveyed. (B) The second level shall be the mean of wages surveyed. (C) The third level shall be the mean of the highest two-thirds of wages surveyed. (2) The prevailing wage level required to be paid pursuant to section 203(b)(1)(D) and subsections (a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II) of this section shall be 100 percent of the wage level determined pursuant to those sections. (3) In computing the prevailing wage level for an occupational classification in an area of employment for purposes of section 203(b)(1)(D) and subsections (a)(5)(A), (n)(1)(A)(i)(II), and