; (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 (v)— (A) by inserting (I) after (v) ; and (B) by adding at the end the following: (II) Upon the termination of an H–1B nonimmigrant’s employment on account of such alien’s disclosure of information or cooperation in an investigation described in clause (iv), the nonimmigrant stay of any beneficiary and any dependents listed on the beneficiary’s petition will be authorized and the alien will not accrue any period of unlawful presence under section 212(a)(9) for a 90-day period or until the expiration of the authorized validity period, whichever comes first, following the date of such termination for the purpose of departure or extension of nonimmigrant status based upon a subsequent offer of employment. ; and (6) 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; and (CC) cash bonuses and noncash compensation, such as stock options (whether or not based on performance).