(a) Suspension or invalidation of an Attestation may result where:
the facility's check for the filing fee is not honored by a financial
institution; a Board of Alien Labor Certification Appeals (BALCA)
decision reverses an ETA certification of the Attestation; ETA finds
that it made an error in its review and certification of the
Attestation; an enforcement proceeding has finally determined that the
facility failed to meet a condition attested to, or that there was a
misrepresentation of material fact in an Attestation; the facility has
failed to pay civil money penalties and/or failed to satisfy a remedy
assessed by the Wage and Hour Administrator, where that penalty or
remedy assessment has become the final agency action. If an Attestation
is suspended or invalidated, ETA will notify INS.
(b) BALCA decision or final agency action in an enforcement
proceeding. If an Attestation is suspended or invalidated as a result
of a BALCA decision overruling an ETA acceptance of the Attestation for
filing, or is suspended or invalidated as a result of an enforcement
action by the Administrator under subpart M of this part, such
suspension or invalidation may not be separately appealed, but shall be
merged with appeals on the underlying matter.
(c) ETA action. If, after accepting an Attestation for filing, ETA
discovers that it erroneously accepted that Attestation for filing and,
as a result, ETA suspends or invalidates that acceptance, the facility
may appeal such suspension or invalidation under Sec. 655.1135 as if
that suspension or invalidation were a decision to reject the
Attestation for filing.
(d) A facility must comply with the terms of its Attestation, even
if such Attestation is suspended, invalidated or expired, as long as
any H-1C nurse is at the facility, unless the Attestation is superseded
by a subsequent Attestation accepted for filing by ETA.
