[Code of Federal Regulations]
[Title 20, Volume 3]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR656.31]

[Page 704-705]
 
                      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) Possible fraud or willful misrepresentation. If possible fraud 
or willful misrepresentation involving a labor certification is 
discovered before a final labor certification determination; the 
Certifying Officer will refer the matter to the DHS for investigation, 
and must send a copy of the referral to the Department of Labor's Office 
of Inspector General. If 90 days pass without the filing of a criminal 
indictment or information, or receipt of a notification from DHS, DOL 
OIG, or other appropriate authority that an investigation is being 
conducted, the Certifying Officer may continue to process the 
application.
    (b) Criminal indictment or information. If the DOL learns an 
application is the subject of a criminal indictment or information filed 
in a court, the processing of the application must be halted until the 
judicial process is completed. The Certifying Officer must notify the 
employer of this fact in writing and must send a copy of the 
notification to the alien, and to the Department of Labor's Office of 
Inspector General.
    (c) Finding of no fraud or willful misrepresentation. If a court 
finds there

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was no fraud or willful misrepresentation, or if the Department of 
Justice decides not to prosecute, the Certifying Officer shall decide 
the case on the merits of the application.
    (d) Finding of fraud or willful misrepresentation. If as referenced 
in Sec. 656.30(d), a court, the DHS or the Department of State 
determines there was fraud or willful misrepresentation involving a 
labor certification application, the application will be considered to 
be invalidated, processing is terminated, a notice of the termination 
and the reason therefore is sent by the Certifying Officer to the 
employer, attorney/agent, as appropriate, and a copy of the notification 
is sent by the Certifying Officer to the alien and to the Department of 
Labor's Office of Inspector General.