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Content Last Revised: 12/20/00 |
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Code of Federal Regulations Pertaining to U.S. Department of Labor |
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Employees' Benefits |
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Employment and Training Administration, Department of Labor |
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Temporary Employment of Aliens In the United States |
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Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-1B Visas In Specialty Occupations and as Fashion Models |
20 CFR 655.710 - What is the procedure for filing a complaint?
- Section Number: 655.710
- Section Name: What is the procedure for filing a complaint?
(a) Except as provided in paragraph (b) of this section, complaints concerning misrepresentation in the labor condition application or failure of the employer to meet a condition specified in the application shall be filed with the Administrator, Wage and Hour Division (Administrator), ESA, according to the procedures set forth in subpart I of this part. The Administrator shall investigate where appropriate, and after an opportunity for a hearing, assess appropriate sanctions and penalties, as described in subpart I of this part.
(b) Complaints arising under section 212(n)(1)(G)(i)(II) of the INA, 8 U.S.C. 1182(n)(1)(G)(i)(II), alleging failure of the employer to offer employment to an equally or better qualified U.S. worker, or an employer's misrepresentation regarding such offer(s) of employment, may be filed with the Department of Justice, 10th Street & Constitution Avenue, NW., Washington, DC 20530. The Department of Justice shall investigate where appropriate and shall take such further action as may be appropriate under that Department's regulations and procedures.
[65 FR 80210, Dec. 20, 2000]
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