(a) The Administrator shall notify the Attorney General and ETA
of the final determination of any violation requiring that the Attorney General
not approve petitions filed by an employer. The Administrator's notification
will address the type of violation committed by the employer and the
appropriate statutory period for disqualification of the employer from approval
of petitions. Violations requiring notification to the Attorney General are
identified in §655.810(f).
(b) The Administrator shall notify the Attorney General and ETA 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 §655.820; or
(2) Where, after a hearing, the administrative law judge issues a decision
and order finding a violation by an employer, and no timely petition for review
is filed with the Department's Administrative Review Board (Board) pursuant to
§655.845; or
(3) Where a timely petition for review is filed from an administrative law
judge's decision finding a violation and the Board either declines within 30
days to entertain the appeal, pursuant to §655.845(c), or the Board
reviews and affirms the administrative law judge's determination; or
(4) Where the administrative law judge finds that there was no violation by
an employer, and the Board, upon review, issues a decision pursuant to
§655.845, holding that a violation was committed by an employer.
(c) The Attorney General, upon receipt of notification from the
Administrator pursuant to paragraph (a) of this section, shall not approve
petitions filed with respect to that employer under sections 204 or 214(c) of
the INA (8 U.S.C. 1154 and 1184(c)) for nonimmigrants to be employed by the
employer, for the period of time provided by the Act and described in
§655.810(f).
(d) ETA, upon receipt of the Administrator's notice pursuant to paragraph
(a) of this section, shall invalidate the employer's labor condition
application(s) under this subpart I and subpart H of this part, and shall not
accept for filing any application or attestation submitted by the employer
under 20 CFR part 656 or subparts A, B, C, D, E, H, or I of this part, for the
same calendar period as specified by the Attorney General.
[65 FR 80238, Dec. 20, 2000]
