Content Last Revised: 04/01/2007
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CFR  

Code of Federal Regulations Pertaining to U.S. Department of Labor

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Title 20  

Employees' Benefits

 

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Chapter V  

Employment and Training Administration, Department of Labor

 

 

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Part 655  

Temporary Employment of Aliens In the United States

 

 

 

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Subpart I  

Enforcement of H-1B Labor Condition Applications and H-1B1 Labor Attestations
20 CFR 655.800 - Who will enforce the LCAs and how will they be enforced?

  • Section Number: 655.800
  • Section Name: Who will enforce the LCAs and how will they be enforced?
    (a) Authority of Administrator. Except as provided in Sec.  655.807, 
the Administrator shall perform all the Secretary's investigative and 
enforcement functions under sections 212(n) and (t) of

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the INA (8 U.S.C. 1182(n) and (t)) and this subpart I and subpart H of 
this part.
    (b) Conduct of investigations. The Administrator, either pursuant to 
a complaint or otherwise, shall conduct such investigations as may be 
appropriate and, in connection therewith, enter and inspect such places 
and such records (and make transcriptions or copies thereof), question 
such persons and gather such information as deemed necessary by the 
Administrator to determine compliance regarding the matters which are 
the subject of the investigation.
    (c) Employer cooperation/availability of records. An employer shall 
at all times cooperate in administrative and enforcement proceedings. An 
employer being investigated shall make available to the Administrator 
such records, information, persons, and places as the Administrator 
deems appropriate to copy, transcribe, question, or inspect. No employer 
subject to the provisions of sections 212(n) or (t) of the INA and/or 
this subpart I or subpart H of this part shall interfere with any 
official of the Department of Labor performing an investigation, 
inspection or law enforcement function pursuant to 8 U.S.C. 1182(n) or 
(t) or this subpart I or subpart H of this part. Any such interference 
shall be a violation of the labor condition application and this subpart 
I and subpart H of this part, and the Administrator may take such 
further actions as the Administrator considers appropriate. (Federal 
criminal statutes prohibit certain interference with a Federal officer 
in the performance of official duties. 18 U.S.C. 111 and 18 U.S.C. 
1114.)
    (d) Confidentiality. The Administrator shall, to the extent possible 
under existing law, protect the confidentiality of any person who 
provides information to the Department in confidence in the course of an 
investigation or otherwise under this subpart I or subpart H of this 
part.

[65 FR 80233, Dec. 20, 2000, as amended at 69 FR 68228, Nov. 23, 2004]

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