(a) The Administrator, through an investigation, shall determine
whether an employer of F-1 students has:
(1) Provided an attestation which is materially false
Note: Federal criminal statutes provide penalties of up to $10,000
and/or imprisonment of up to 5 years for knowing and willful submission
of false statements to the Federal Government. 18 U.S.C. 1001; see also
18 U.S.C. 1546.
(2) Failed to pay the appropriate wage rate as required under
Sec. 655.940(e) of this part; or
(3) Failed to comply with the provisions of subpart J or K of this
part.
(b) Any aggrieved person or organization may file a complaint
alleging a violation of the provisions of subpart J or K of this part.
No particular form is required, except that the complaint shall be
written or, if oral, shall be reduced to writing by the Wage and Hour
Division official who receives the complaint. The complaint shall set
forth sufficient facts for the Administrator to determine whether there
is reasonable cause to believe that a particular part or parts of the
attestation or regulations may have been violated. The complaint may be
submitted to any local Wage and Hour Division office, the addresses of
which can be found in local telephone directories. The office or person
receiving such a complaint shall refer it to the office of the Wage and
Hour Division administering the area in which the reported violation is
alleged to have occurred.
(c) The Administrator shall determine whether there is reasonable
cause to believe that a complaint warrants investigation. If it is
determined that a complaint fails to present reasonable cause, the
Administrator shall so notify the complainant, who may submit a new
complaint with such additional information as may be available. If the
Administrator determines that reasonable cause exists, an investigation
will be conducted.
(d) In the event that the Administrator, after an investigation,
determines that the employer has committed any violation(s) described in
paragraph (a) of this section, the Administrator shall issue a written
determination to the employer in accordance with Sec. 655.1015 of this
part and an opportunity for a hearing shall be afforded in accordance
with the procedures specified in Sec. 655.1020 of this part.
