[Code of Federal Regulations]
[Title 20, Volume 3]
[Revised as of April 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR655.108]

[Page 491-492]
 
                      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 
 
    Subpart B_Labor Certification Process for Temporary Agricultural 
 
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 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 OFLC 
Administrator shall refer the matter to the DHS and DOL Office of the 
Inspector General for investigation. The OFLC Administrator shall 
continue to process the application and may issue a temporary alien 
agricultural labor certification.

[[Page 492]]

    (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 OFLC 
Administrator 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 DHS 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 OFLC Administrator shall return the application to the employer 
or agent with the reasons therefor stated in writing.