by an alien or by an alien’s employer in support of an alien’s application for blue card status may not be used in a civil or criminal prosecution or investigation of that employer under section 274A of the Immigration and Nationality Act ( 8 U.S.C. 1324a ) or the Internal Revenue Code of 1986 for the prior unlawful employment of that alien regardless of the adjudication of such application or reconsideration by the Secretary of such alien's prima facie eligibility determination. Employers that provide unauthorized aliens with copies of employment records or other evidence of employment pursuant to an application for blue card status shall not be subject to civil and criminal liability pursuant to such section 274A for employing such unauthorized aliens. (B) Limit on applicability The protections for employers and aliens under subparagraph (A) shall not apply if the aliens or employers submit employment records that are determined to be fraudulent. (h) Administrative and judicial review (1) In general Any administrative or judicial review of a determination regarding an application for blue card status shall comply with the requirements under this subsection. (2) Administrative review (A) Single level of appellate review The Secretary shall establish an appellate authority to provide for a single level of administration appellate review of a final agency determination. (B) Standard for review An administrative appellate review established under subparagraph (A) shall be based solely upon— (i) the administrative record established at the time of the determination regarding the application