; (3) in the sixth sentence, by striking or obviously inaccurate and inserting , presents clear indicators of fraud or misrepresentation of material fact, or is obviously inaccurate ; and (4) by adding at the end the following: If the Secretary’s review of an application identifies clear indicators of fraud or misrepresentation of material fact, the Secretary may conduct an investigation and hearing in accordance with paragraph (2). . (b) Ensuring prevailing wages are for area of employment and actual wages are for similarly employed Section 212(n)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1182(n)(1)(A) ) is amended— (1) in clause (i), in the undesignated matter following subclause (II), by striking and at the end; (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