; or (II) 5 years before the date of such application, in the case of an alien whose membership or affiliation was with the party controlling the government of a foreign state that is a totalitarian dictatorship as of such date; and (ii) the alien is not a threat to the security of the United States. (D) The Secretary of Homeland Security may, in the Secretary’s discretion, waive the application of subparagraph (A) in the case of an alien who is the parent, spouse, son, daughter, brother, or sister of a citizen of the United States or a spouse, son, or daughter of an alien lawfully admitted for permanent residence for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest if the alien is not a threat to the security of the United States. . 5. Investigation and disposition of complaints against H–1B employers (a) Investigation, working conditions, and penalties Section 212(n)(2)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(2)(C) ) is amended by striking clause (iv) and inserting the following: (iv) (I) An employer that has filed an application under this subsection violates this clause by taking, failing to take, or threatening to take or fail to take a personnel action, or intimidating, threatening, restraining, coercing, blacklisting, discharging, or discriminating in any other manner against an employee because the employee— (aa) disclosed information that the employee reasonably believes evidences a violation of this subsection or any rule or regulation pertaining to this subsection; or (bb) cooperated or sought to cooperate with the requirements under this subsection or any rule or regulation pertaining to this subsection. (II) An employer that violates this clause shall be liable to the employee harmed by such violation for lost wages and benefits. (III) In this clause, the term employee includes— (aa) a current employee; (bb) a former employee