; or (D) have less than 15 percent of their workforce in the United States comprised of H–2B workers. (i) Assessment The Secretary of Labor shall assess a fee on each employer to fund the labor certification process at such amount as may be necessary to support effective processing by the Department of Labor, and meaningful investigation and enforcement of worker protections, and may update the fee as necessary to meet the requirement. The Secretary of Homeland Security shall have the authority to assess and periodically update fees on each employer for the processing and adjudication of petitions in order to support effective processing and adjudication, if and when the Secretary determines that the fees are insufficient for doing so. (j) Limitation on assignment Employers shall not assign H–2B workers to a worksite other than the worksite stipulated on an employer’s original job order without obtaining the workers’ consent and a new labor certification. (k) Employment authorizations An H–4 nonimmigrant spouse of an H–2B nonimmigrant shall be eligible to apply for employment authorization with the Secretary of Homeland Security but shall be prohibited from accepting employment with the same employer as the principal H–2B nonimmigrant. (l) Employer accountability (1) Use of other visa programs Within any 2-year period, an employer of H–2B workers may not employ directly or through subcontractors, any workers in the same broad occupational category or industry through any other nonimmigrant visa program except those workers who are employed—authorized through a nonimmigrant visa issued for humanitarian or family purposes. Any employer found to have violated this paragraph shall be subject to a 2-year suspension from employing nonimmigrants or using the recruitment platform. (2) Fair pay and safe workplace (A) In general In the case that a registered employer is found to have violated the terms of this section, including the fair pay and safe workplaces commitment, the established prevailing wage under subsection