Suspension or invalidation of an attestation may result from
enforcement action(s) under subpart G of this part (i.e.,
investigation(s) conducted by the Administrator or cease and desist
order(s) issued by the Administrator regarding the employer's
misrepresentation in or failure to carry out its attestation); or from a
discovery by ETA that it made an error in accepting the attestation
because such attestation falls within one of the categories set forth in
Sec. 655.538(b).
(a) Result of Wage and Hour Division action. Upon the determination
of a violation under subpart G of this part, the Administrator shall,
pursuant to Sec. 655.665(b), notify the Attorney General of the
violation and of the Administrator's notice to ETA.
(b) Result of ETA action. If, after accepting an attestation for
filing, ETA finds that the attestation is unacceptable because it falls
within one of the categories set forth at Sec. 655.538(b) and, as a
result, ETA suspends or invalidates the attestation, ETA shall notify
the Attorney General of such suspension or invalidation and shall return
a copy of the attestation form to the employer, or the employer's agent
or representative at a U.S. address. ETA shall notify the employer, in
writing, of the reason(s) that the attestation is suspended or
invalidated.
