TITLE 20 - EMPLOYEES' BENEFITS

CHAPTER V - EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR

PART 655 - TEMPORARY EMPLOYMENT OF ALIENS IN THE UNITED STATES

subpart i - ENFORCEMENT OF H - 1B LABOR CONDITION APPLICATIONS AND H - 1B1 LABOR ATTESTATIONS

655.855 - What notice shall be given to the Employment and Training Administration and the Attorney General of the decision regarding violations?

  (a) The Administrator shall notify the Attorney General and ETA of the final determination of any violation requiring that the Attorney General not approve petitions filed by an employer. The Administrator's notification will address the type of violation committed by the employer and the appropriate statutory period for disqualification of the employer from approval of petitions. Violations requiring notification to the Attorney General are identified in 655.810(f).

  (b) The Administrator shall notify the Attorney General and ETA upon the earliest of the following events: (1) Where the Administrator determines that there is a basis for a finding of violation by an employer, and no timely request for hearing is made pursuant to 655.820; or (2) Where, after a hearing, the administrative law judge issues a decision and order finding a violation by an employer, and no timely petition for review is filed with the Department's Administrative Review Board (Board) pursuant to 655.845; or (3) Where a timely petition for review is filed from an administrative law judge's decision finding a violation and the Board either declines within 30 days to entertain the appeal, pursuant to 655.845(c), or the Board reviews and affirms the administrative law judge's determination; or (4) Where the administrative law judge finds that there was no violation by an employer, and the Board, upon review, issues a decision pursuant to 655.845, holding that a violation was committed by an employer.

  (c) The Attorney General, upon receipt of notification from the Administrator pursuant to paragraph (a) of this section, shall not approve petitions filed with respect to that employer under sections 204 or 214(c) of the INA (8 U.S.C. 1154 and 1184(c)) for nonimmigrants to be employed by the employer, for the period of time provided by the Act and described in 655.810(f).

  (d) ETA, upon receipt of the Administrator's notice pursuant to paragraph (a) of this section, shall invalidate the employer's labor condition application(s) under this subpart I and subpart H of this part, and shall not accept for filing any application or attestation submitted by the employer under 20 CFR part 656 or subparts A, B, C, D, E, H, or I of this part, for the same calendar period as specified by the Attorney General.

[65 FR 80238, Dec. 20, 2000]