(a) Except as provided in paragraph (b) of this section,
complaints concerning misrepresentation in the labor condition application or
failure of the employer to meet a condition specified in the application shall
be filed with the Administrator, Wage and Hour Division (Administrator), ESA,
according to the procedures set forth in subpart I of this part. The
Administrator shall investigate where appropriate, and after an opportunity for
a hearing, assess appropriate sanctions and penalties, as described in subpart
I of this part.
(b) Complaints arising under section 212(n)(1)(G)(i)(II) of the INA, 8
U.S.C. 1182(n)(1)(G)(i)(II), alleging failure of the employer to offer
employment to an equally or better qualified U.S. worker, or an employer's
misrepresentation regarding such offer(s) of employment, may be filed with the
Department of Justice, 10th Street & Constitution Avenue, NW., Washington,
DC 20530. The Department of Justice shall investigate where appropriate and
shall take such further action as may be appropriate under that Department's
regulations and procedures.
[65 FR 80210, Dec. 20, 2000]
