; and (9) by adding at the end the following: (vii) If the Secretary of Labor, after a hearing, finds that the employer has violated a requirement under this subsection, the Secretary may impose a penalty pursuant to subparagraph (C). . 7. Wage requirement Section 212(n) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n) ) is amended— (1) in paragraph (1)— (A) by amending subparagraph (A) to read as follows: (A) Subject to subparagraphs (B) and (C), the employer— (i) is offering and will offer during the period of authorized employment to aliens admitted or provided status as an H–1B nonimmigrant wages that are at least the greater of— (I) $90,000 or the applicable adjusted amount under subclause (II), or (II) the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question, or (III) the prevailing wage level for the occupational classification in the area of employment, and (ii) will provide working conditions for such a nonimmigrant that will not adversely affect the working conditions of workers similarly employed. (B) Effective for the third fiscal year that begins after the date of the enactment of this clause, and each third fiscal year thereafter, the amount described in subparagraph (A)(i)(I) (as of the last increase to such amount) shall be increased by the percentage by which the Consumer Price Index, as calculated by the Bureau of Labor Statistics, for the month of June preceding the date on which such increase would take effect exceeds the Consumer Price Index for the June of the third preceding calendar year. (C) Post-secondary education institutions, any organization described in section 501(c)(3) of the Internal Revenue Code of 1986 which is exempt from taxation under section 501(a) of such Code, and any health care provider located in designated health professional shortage areas pursuant to section 332 of the Public Health Service Act, shall be exempt from the minimum under subparagraph (A) and have their