(a) The Administrator shall notify the Attorney General and ETA of
the final determination of a violation by an employer, and of the
disqualification of the employer from employing F-1 students, upon the
earliest of the following events:
(1) When the Administrator issues a written determination that the
employer has committed a violation, and
no timely request for hearing is made by the employer pursuant to
Sec. 655.1020 of this part; or
(2) When, after a hearing on a timely request pursuant to
Sec. 655.1020 of this part, the administrative law judge issues a
decision and order finding a violation by the employer; or
(3) When, although the administrative law judge found that there was
no violation by the employer, the Secretary, upon subsequent review upon
a timely request pursuant to Sec. 655.1045 of this part, issues a
decision finding that a violation was committed by the employer.
(b) The Attorney General, upon receipt of notification from the
Administrator pursuant to paragraph (a) of this section, shall take
appropriate action to cancel work authorization to F-1 students for
employment with that employer, and to prevent issuance of new work
authorization with respect to that employer.
(1) The Administrator's notice to the Attorney General shall, to the
extent known from the investigation, specify the school(s) which issued
work authorization for the F-1 students who were employed by the
employer. The Attorney General shall inform the appropriate authority at
each of the specified school(s) that any work authorization(s) issued
for F-1 student(s) to be employed by that employer shall immediately be
revoked, and that no new work authorization shall be issued for
employment of F-1 student(s) by that employer. The Attorney General
shall, in addition, take any other appropriate action to effectuate the
disqualification of that employer through revocation of work
authorization(s) at any other school(s) that may authorize employment
with the disqualified employer.
(2) A copy of the Administrator's notice to the Attorney General may
also be sent by the Administrator to each school identified in the
notice as a school from which F-1 students have been employed by the
disqualified employer. Such copy of the Administrator's notice, upon
receipt by the school, shall constitute sufficient notice for the DSO to
revoke work authorization(s) and to refuse to issue new work
authorization(s) for employment of F-1 students by that employer. Any
school which issued or may issue work authorization(s) for employment of
any F-1 student(s) by the employer, but which was not known by the
Administrator to have done so, or notified by copy of the
Administrator's decision, shall comply with any instructions from the
Attorney General regarding revocation and nonissuance of work
authorization for employment of any F-1 student(s) by the employer. In
addition, any school (whether or not it received a copy of the
Administrator's notice to the Attorney General regarding the employer)
shall revoke F-1 work authorization(s) and refuse to issue new F-1 work
authorization(s) for any employer which is identified as a disqualified
employer on the list published periodically in the Federal Register by
ETA.
(3) Continued or new employment of any F-1 student by the employer
shall constitute a violation of the INA's employer sanctions provisions,
irrespective of whether the F-1 student's work authorization has been
formally revoked by the DSO or INS.
(c) ETA, upon receipt of the Administrator's notice pursuant to
paragraph (a) of this section, shall cancel any F-1 attestation filed by
the employer under subpart J of this part, shall not accept for filing
any attestation submitted by the employer, and shall so notify the
employer.
