§ 658.501 - Basis for discontinuation of services.

§ 658.501 Basis for discontinuation of services.

Cross Reference

Link to an amendment published at 89 FR 34065, Apr. 29, 2024.

(a) SWA officials must initiate procedures for discontinuation of services to employers who:

(1) Submit and refuse to alter correct or withdraw job orders containing specifications which terms and conditions that are contrary to employment-related laws;

(2) Submit job orders and refuse to provide assurances, in accordance with or refuse to withdraw job orders that do not contain assurances, required pursuant to the Agricultural Recruitment System for U.S. Workers at part 653, subpart F, of this chapter, that the jobs offered are in compliance with employment-related laws, or to withdraw such job orders;

(3) Are found through field checks or otherwise to have either misrepresented the terms or conditions of employment specified on job orders or failed to comply fully with assurances made on job orders;

(4) Are found by a final determination by an appropriate enforcement agency to have violated any employment-related laws and notification of this final determination has been provided to the Department or the SWA by that enforcement agency, including those who are currently debarred from participating in the H-2A or H-2B foreign labor certification programs pursuant to § 655.73 or § 655.182 of this chapter or 29 CFR 501.20 or 503.24;

(5) Are found to have violated ES regulations pursuant to § 658.411 or § 658.419;

(6) Refuse to accept qualified workers referred through the clearance system for criteria clearance orders filed pursuant to part 655, subpart B, of this chapter;

(7) Refuse to cooperate in the conduct of field checks conducted pursuant to § 653.503 of this chapter; or

(8) Repeatedly cause the initiation of the procedures for discontinuation of services pursuant to paragraphs (a)(1) through (7) of this section.

(b) SWA officials may discontinue services immediately if, in the judgment of the State Administrator, exhaustion of the administrative procedures set forth in this subpart in paragraphs (a)(1) through (7) of this section would cause substantial harm to a significant number of workers. In such instances, procedures at §§ 658.503 and 658.504 must be followed.

(c)

If

it comes to the attention of

an ES office or

a

SWA has information that an employer participating in the ES may have committed fraud or misrepresentation in connection with its current or prior temporary labor certification or may not have complied with the terms of

its temporary labor

such certification, under, for example the H-2A and H-2B visa programs, SWA officials must

engage in the procedures for discontinuation of services to employers pursuant to paragraphs (a)(1) through (8) of this section and simultaneously

notify the

Chicago

OFLC National Processing Center

(CNPC)

and the Wage and Hour Division of the alleged

non-compliance for investigation and consideration of ineligibility pursuant to

noncompliance as applicable under § 655.

184 or § 655.73 of this chapter respectively for subsequent temporary labor certification.[

185 and 29 CFR 501.2, 501.6, 503.3, and 503.7. If the circumstances occurred within the previous 3 years, SWA officials must determine whether there is a basis under paragraph (a) of this section for which the SWA must initiate procedures for discontinuation of services.

(c) [Reserved]

[81 FR 56352, Aug. 19, 2016, as amended at 85 FR 629, Jan. 6, 2020; 89 FR 34065, Apr. 29, 2024]