; and ; and (D) by adding at the end the following: (III) an employer that violates paragraph (1)(A) shall be liable to the employees harmed by such violation for lost wages and benefits. ; (4) by striking clause (iv) and inserting the following: (iv) (I) An employer that has filed an application under this subsection violates this clause by taking, failing to take, or threatening to take or fail to take a personnel action, or intimidating, threatening, restraining, coercing, blacklisting, discharging, or discriminating in any other manner against an employee because the employee— (aa) disclosed information that the employee reasonably believes evidences a violation of this subsection or any rule or regulation pertaining to this subsection; or (bb) cooperated or sought to cooperate with the requirements under this subsection or any rule or regulation pertaining to this subsection. (II) In this subparagraph, the term employee includes— (aa) a current employee; (bb) a former employee; and (cc) an applicant for employment. (III) An employer that violates this clause shall be liable to the employee harmed by such violation for lost wages and benefits. ; and (5) in clause (vi)— (A) by amending subclause (I) to read as follows: (I) It is a violation of this clause for an employer that has filed an application under this subsection— (aa) to require an H–1B nonimmigrant to pay a penalty or liquidated damages for ceasing employment with the employer before a date agreed to by the nonimmigrant and the employer; or (bb) to fail to offer to an H–1B nonimmigrant, during the nonimmigrant’s period of authorized employment, on the same basis, and in accordance with the same criteria, as the employer offers to United States workers, benefits and eligibility for benefits, including— (AA) the opportunity to participate in health, life, disability, and other insurance plans; (BB) the opportunity to participate in retirement and savings plans