[Code of Federal Regulations]
[Title 20, Volume 3]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR655.108]

[Page 502-503]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
 CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 655--TEMPORARY EMPLOYMENT OF ALIENS IN THE UNITED STATES--Table of Contents
 
   Subpart B--Labor Certification Process for Temporary Agricultural 
             Employment in the United States (H-2A Workers)
 
Sec. 655.108  H-2A applications involving fraud or willful misrepresentation.

    (a) Referral for investigation. If possible fraud or willful 
misrepresentation involving a temporary alien agricultural labor 
certification application is discovered prior to a final temporary

[[Page 503]]

alien agricultural labor certification determination or if it is learned 
that the employer or agent (with respect to an application) is the 
subject of a criminal indictment or information filed in a court, the RA 
shall refer the matter to the INS and DOL Office of the Inspector 
General for investigation. The RA shall continue to process the 
application and may issue a temporary alien agricultural labor 
certification.
    (b) Continued processing. If a court finds an employer or agent not 
guilty of fraud or willful misrepresentation, or if the Department of 
Justice decides not to prosecute an employer or agent, the RA shall not 
deny the temporary alien agricultural labor certification application on 
the grounds of fraud or willful misrepresentation. The application, of 
course, may be denied for other reasons pursuant to this subpart.
    (c) Terminated processing. If a court or the INS determines that 
there was fraud or willful misrepresentation involving a temporary alien 
agricultural labor certification application, the application is 
thereafter invalid, consideration of the application shall be terminated 
and the RA shall return the application to the employer or agent with 
the reasons therefor stated in writing.

    Effective Date Note: At 65 FR 43544, July 13, 2000, Sec. 655.108 was 
amended in paragraph (a) by removing from the first sentence the phrase 
``temporary alien agricultural labor certification'' and adding in lieu 
thereof the phrase ``an application''; and by removing from the second 
sentence the word ``certification'' and adding in lieu thereof the 
phrase ``certification and the determination on the H-2A petition cannot 
be made until the investigation has been completed', effective Nov. 13, 
2000. At 65 FR 67628, Nov. 13, 2000, the effective date was delayed 
until Oct. 1, 2001.