(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
[[Page 705]]
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.
