; (2) in clause (ii), by striking the period at the end and inserting , and ; and (3) by adding at the end the following: (iii) will ensure that— (I) the actual wages or range identified in clause (i) relate solely to employees having substantially the same duties and responsibilities as the H–1B nonimmigrant in the geographical area of intended employment, considering experience, qualifications, education, job responsibility and function, specialized knowledge, and other legitimate business factors, except in a geographical area there are no such employees, and (II) the prevailing wages identified in clause (ii) reflect the best available information for the geographical area within normal commuting distance of the actual address of employment at which the H–1B nonimmigrant is or will be employed. . (c) Procedures for investigation and disposition Section 212(n)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(2)(A) ) is amended— (1) by striking (2)(A) Subject and inserting (2)(A)(i) Subject ; (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