U.S. Code of Federal Regulations
Regulations most recently checked for updates: May 27, 2023
The CO may conduct audits of certified CW–1 Applications for Temporary Employment Certification.
(a) Discretion. The CO has the sole discretion to choose the certified applications selected for audit.
(b) Audit letter. Where an application is selected for audit, the CO will issue an audit letter to the employer and a copy, if appropriate, to the employer's attorney or agent. The audit letter will:
(1) Specify the documentation that must be submitted by the employer;
(2) Specify a date, no more than 30 calendar days from the date the audit letter is issued, by which the required documentation must be sent to the CO; and
(3) Advise that failure to comply fully with the audit process may result:
(i) In the requirement that the employer undergo the assisted recruitment procedures in § 655.471 in future filings of CW–1 Applications for Temporary Employment Certification for a period of up to 2 years; or
(ii) In a revocation of the certification or debarment from the CW–1 program and any other foreign labor certification program administered by the Department.
(c) Supplemental information request. During the course of the audit examination, the CO may request supplemental information or documentation from the employer in order to complete the audit. If circumstances warrant, the CO can issue one or more requests for supplemental information.
(d) Potential referrals. In addition to measures in this subpart, the CO may decide to provide the audit findings and underlying documentation to DHS or other appropriate enforcement agencies. The CO may refer any findings that an employer discouraged a qualified U.S. worker from applying, or failed to hire, discharged, or otherwise discriminated against a qualified U.S. worker, to the Department of Justice, Civil Rights Division, Immigrant and Employee Rights Section.