; 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. Adjustment of status for employment-based immigrants (a) Adjustment of status for employment-Based immigrants Section 245 of the Immigration and Nationality Act ( 8 U.S.C. 1255 ) is amended by adding at the end the following: (o) Adjustment of status for employment-Based immigrants (1) In general Notwithstanding subsection (a)(3), an alien (including the alien’s spouse or child, if eligible to receive a visa under section 203(d)), may file an application for adjustment of status if— (A) the alien— (i) is present in the United States pursuant to a lawful admission as a nonimmigrant, other than a nonimmigrant described in subparagraph (B), (C), (D), or (S) of section 101(a)(15), section 212(l), or section 217; and (ii) subject to subsection (k), is not ineligible for adjustment of status under subsection (c)