(a) If possible fraud or willful misrepresentation involving a
temporary labor certification application is discovered prior to a final
temporary labor certification determination, or if it is learned that
the employer or agent (with respect to an application) is the subject of
a criminal indictment or information filed in a court, the RA shall
refer the matter to the INS for investigation and shall notify the
employer or agent in writing of this referral. The RA shall continue to
process the application and may issue a qualified temporary labor
certification.
(b) If a court finds an employer or agent innocent of fraud or
willful misrepresentation, or if the Department of Justice decides not
to prosecute an employer or agent, the RA shall not deny the temporary
labor certification application on the grounds of fraud or willful
misrepresentation. The application, of course, may be denied for other
reasons pursuant to this subpart.
(c) If a court or the INS determines that there was fraud or willful
misrepresentation involving a temporary labor certification application,
the application shall be deemed invalidated, processing shall be
terminated, and the application shall be returned to the employer or
agent with the reasons therefor stated in writing.
