(a) The Administrator shall promptly notify the Attorney General and
ETA of the final determination of a violation by an employer 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 Sec. 655.420; or
(2) Where, after a hearing, the administrative law judge issues a
decision and order finding a violation by an employer; or
(3) Where the administrative law judge finds that there was no
violation, and the Secretary, upon review, issues a decision pursuant to
Sec. 655.445, holding that a violation was committed by an employer.
(b) The Attorney General, upon receipt of the Administrator's notice
pursuant to paragraph (a) of this section, shall not approve petitions
filed with respect to that employer under section 212(m) of the INA (8
U.S.C. 1182(m)) during a period of at least 12 months from the date of
receipt of the Administrator's notification.
(c) ETA, upon receipt of the Administrator's notice pursuant to
paragraph (a) of this section, shall suspend the employer's attestation
under subparts D and E of this part, and shall not accept for filing any
attestation submitted by the employer under subparts D and E of this
part, for a period of 12 months from the date of receipt of the
Administrator's notification or for a longer period if such is specified
by the Attorney General for visa petitions filed by that employer under
section 212(m) of the INA.
