(a) The Administrator shall notify the Attorney General and ETA of
the final determination of a violation by a facility upon the earliest
of the following events:
(1) Where the Administrator determines that there is a basis for a
finding of violation by a facility, and no timely request for hearing
is made under Sec. 655.1220; or
(2) Where, after a hearing, the administrative law judge issues a
decision and order finding a violation by a facility, and no timely
petition for review to the Board is made under Secs. 655.1245; or
(3) Where a petition for review is taken from an administrative law
judge's decision and the Board either declines within 30 days to
entertain the appeal, under Sec. 655.1245(c), or the Board affirms the
administrative law judge's determination; or
(4) Where the administrative law judge finds that there was no
violation by a facility, and the Board, upon review, issues a decision
under Sec. 655.1245(h), holding that a violation was committed by a
facility.
(b) The Attorney General, upon receipt of the Administrator's
notice under 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 under paragraph
(a) of this section, shall suspend the employer's Attestation(s) under
subparts L and M of this part, and shall not accept for filing any
Attestation submitted by the employer under subparts L and M 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 one is specified
by the Attorney General for visa petitions filed by that employer under
section 212(m) of the INA.
