[Code of Federal Regulations]
[Title 20, Volume 3]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR656.31]

[Page 690]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
 CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 656--LABOR CERTIFICATION PROCESS FOR PERMANENT EMPLOYMENT OF ALIENS IN THE UNITED STATES--Table of Contents
 
                 Subpart C--Labor Certification Process
 
Sec. 656.31  Labor certification applications involving fraud or willful misrepresentation.

    (a) If possible fraud or willful misrepresentation involving a labor 
certification is discovered prior to a final labor certification 
determination, the Certifying Officer shall refer the matter to the INS 
for investigation, shall notify the employer in writing, and shall send 
a copy of the notification to the alien, and to the Department of 
Labor's Office of Inspector General. If 90 days pass without the filing 
of a criminal indictment or information, the Certifying Officer shall 
continue to process the application.
    (b) If it is learned that an application is the subject of a 
criminal indictment or information filed in a Court, the processing of 
the application shall be halted until the judicial process is completed. 
The Certifying Officer shall notify the employer of this fact in writing 
and shall send a copy of the notification to the alien, and to the 
Department of Labor's Office of Inspector General.
    (c) If a Court finds that there was no fraud or willful 
misrepresentation, or if the Department of Justice decides not to 
prosecute, the Certifying Officer shall not deny the labor certification 
application on the grounds of fraud or willful misrepresentation. The 
application, of course, may be denied for other reasons pursuant to this 
part.
    (d) If a Court, the INS or the Department of State determines that 
there was fraud or willful misrepresentation involving a labor 
certification application, the application shall be deemed invalidated, 
processing shall be terminated, a notice of the termination and the 
reason therefor shall be sent by the Certifying Officer to the employer, 
and a copy of the notification shall be sent by the Certifying Officer 
to the alien, and to the Department of Labor's Office of Inspector 
General.