; (2) by striking the fourth sentence; and (3) by adding at the end the following: (ii) (I) Upon receipt of a complaint under clause (i), the Secretary may initiate an investigation to determine whether such a failure or misrepresentation has occurred. (II) The Secretary may conduct— (aa) surveys of the degree to which employers comply with the requirements under this subsection; and (bb) subject to subclause (IV), annual compliance audits of any employer that employs H–1B nonimmigrants during the applicable calendar year. (III) Subject to subclause (IV), the Secretary shall— (aa) conduct annual compliance audits of each employer that employs more than 100 full-time equivalent employees who are employed in the United States if more than 15 percent of such full-time employees are H–1B nonimmigrants; and (bb) make available to the public an executive summary or report describing the general findings of the audits conducted under this subclause. (IV) In the case of an employer subject to an annual compliance audit in which there was no finding of a willful failure to meet a condition under subparagraph (C)(ii), no further annual compliance audit shall be conducted with respect to such employer for a period of not less than 4 years, absent evidence of misrepresentation or fraud. . (d) Penalties for violations Section 212(n)(2)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(2)(C) ) is amended— (1) in clause (i)— (A) in the matter preceding subclause (I), by striking a condition of paragraph (1)(B), (1)(E), or (1)(F) and inserting a condition of paragraph (1)(B), (1)(E), (1)(F), (1)(H), or (1)(I) ; and (B) in subclause (I), by striking $1,000 and inserting $3,000 ; (2) in clause (ii)(I), by striking $5,000 and inserting $15,000 ; (3) in clause (iii)(I), by striking $35,000 and inserting $100,000