; and (2) in the case that the alien applies for status under this subtitle, until a final decision establishing ineligibility for such status is rendered. (e) Exception This section does not apply in the case of any alien with a valid Notice to Appear in immigration court or with a pending determination on their immigration status that is not decided before this date. 24004. Program participation (a) In general Any applicant who is approved to participate in the Dignity Program shall make an appointment with USCIS who shall issue an order deferring further action for a period of 7 years. (b) Conditions Each participant in the Dignity Program shall conform to the following: (1) Report The participant shall biennially report to the Secretary of Homeland Security and provide the following information: (A) Place of residence. (B) Testimony as to good standing within the community. (2) Restitution (A) In general The participant shall pay an additional fee of at least $1,000 with each report under paragraph (1), until a total amount of $5,000 has been paid, to be deposited in the H–1B Nonimmigrant Petitioner Account, which shall be used to support American workers for purposes described in subtitle C of title IV of division B. (B) Limitation in the case of minors Subparagraph (A) shall not apply with respect to any participant in the Dignity Program who is under 18 years of age. (3) Lawful conduct The participant shall comply with all Federal and State laws. (4) Employment The participant shall remain, for a period of not less than 4 years during their participation in the Dignity Program, employed (including self-employment and serving as a caregiver) or enrolled in a course of study at an institute of higher education, as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ), or an area career and technical education school, as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ). The Secretary may waive the application of this paragraph in