; and (2) in the undesignated matter following subparagraph (G)(ii)— (A) by striking The employer shall make and inserting the following: (H) The employer shall make ; and (B) by adding at the end the following: (I) (i) An employer may not hire an H–1B nonimmigrant for the purpose and intent of replacing a United States worker with the H–1B nonimmigrant (other than through the United States worker’s promotion, voluntary transfer, voluntary departure, or voluntary retirement). In an enforcement action for a violation of this clause, the agency initiating the enforcement action shall bear the burden of proving that the employer acted with the purpose and intent to replace the United States worker with the H–1B nonimmigrant. (ii) No employer, having the purpose and intent of replacing a current employee with an H–1B nonimmigrant (other than through the current employee’s promotion, voluntary transfer, voluntary departure, or voluntary retirement), may condition the employee’s pay, bonus, or severance, or any other form of compensation, or the employee’s performance review, on the employee’s willingness to train the H–1B nonimmigrant to perform the employee’s responsibilities. In an enforcement action for a violation of this clause, the agency initiating the enforcement action shall bear the burden of proving that the employer had the purpose and intent to replace the current employee with the H–1B nonimmigrant. . (f) Funding Section 212(n) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n) ) is amended by adding at the end the following: (6) The enforcement of this subsection may be carried out using funds deposited into the Fraud Prevention and Detection Account under section 286(v). . 102. Employment authorization for dependents of H–1B nonimmigrants Section 214(c) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c) ) is amended— (1) by striking Attorney General each place such term appears and inserting Secretary of Homeland Security