Second. in determining the actual wage level paid to other individuals with similar experience and qualifications for the specific employment in question. we intend the specific employment to mean the specific position held by the HlB worker at the place of employment. By similar experience and qualifications. we intend factors that should be considered to include experience. qualifications. education. job responsibility and function. specialized knowledge. and other legitimate business factors. Third. this title clarifies how complaints against employers of H1B workers are to be handled and that thi complaint process must differentiatb between inadvertent or good faith failures or mistakes on the one hand and willful violations of employer obligations on the other. The system we envision works like this: If a complaint alleges that an employer has not provided the required wage of an H1B worker. the employer is given the opportunity for a hearing and. if the allegation proves true. may be ordered to raise the workers salary and to pay back wages. Other administrative remedies. including civil fines and debarment from the program. may be imposed on a wage complaint only if the Secretary finds a willful failure to meet a condition of subparagraphs (1)(A) (1) or (ii). by which we mean a knowing disregard for the requirements of these subparagraphs. If an employer establishes a good faith basis for its determinations. that will be a complete defense to a charge of willful failure to meet its obligations. Of course. if it is determined that the employer intentionally violated its other obligations in regard to the H1B worker. administrative remedies may also be imposed. such as a one year bar on petitioning for alien workers. Fourth. this title underscores that the H1B programs labor condition application process is complaintdriven. Mr. President.