C.F.R. » Title 20 » CHAPTER V—EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR › PART 655—TEMPORARY EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED STATES › Subpart I—Enforcement of H-1B Labor Condition Applications and H-1B1 and E-3 Labor Attestations

20 C.F.R. § 655.815

What are the requirements for the Administrator's determination?

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(a) The Administrator's determination, issued pursuant to § 655.806, 655.807, or 655.808, shall be served on the complainant, the employer, and other known interested parties by personal service or by certified mail at the parties' last known addresses. Where service by certified mail is not accepted by the party, the Administrator may exercise discretion to serve the determination by regular mail.

(b) The Administrator shall file with the Chief Administrative Law Judge, U.S. Department of Labor, a copy of the complaint and the Administrator's determination.

(c) The Administrator's written determination required by § 655.805 of this part shall:

(1) Set forth the determination of the Administrator and the reason or reasons therefor, and in the case of a finding of violation(s) by an employer, prescribe any remedies, including the amount of any back wages assessed, the amount of any civil money penalties assessed and the reason therefor, and/or any other remedies assessed.

(2) Inform the interested parties that they may request a hearing pursuant to § 655.820 of this part.

(3) Inform the interested parties that in the absence of a timely request for a hearing, received by the Chief Administrative Law Judge within 15 calendar days of the date of the determination, the determination of the Administrator shall become final and not appealable.

(4) Set forth the procedure for requesting a hearing, give the addresses of the Chief Administrative Law Judge (with whom the request must be filed) and the representative(s) of the Solicitor of labor (upon whom copies of the request must be served).

(5) Where appropriate, inform the parties that, pursuant to § 655.855, the Administrator shall notify ETA and the DHS of the occurrence of a violation by the employer.

[59 FR 65672, 65676, Dec. 20, 1994, as amended at 65 FR 80237, Dec. 20, 2000]
Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2000–2024 · leading case: Cyberworld Enter. Tech., Inc. v. Napolitano, 602 F.3d 189 (3rd Cir. 2010).
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Cyberworld Enter. Tech., Inc. v. Napolitano, 602 F.3d 189 (3rd Cir. 2010). · cites it 2× “Department regulations delegate the “reasonable basis” determination to the Administrator of the Wage and Hour Division (the “Administrator”), see 20 C.F.R. § 655.815 , and impose a thirty-day deadline for the Administrator to issue this determination.”
Shah v. Wilco Sys., Inc., 126 F. Supp. 2d 641 (S.D.N.Y. 2000). “20 C.F.R. §§ 655.815 , 655.820, 655.840. Thereafter, any party may petition for review by the Secretary of Labor.”
Palmer v. Trump Model Mgmt., LLC, 175 F. Supp. 3d 103 (S.D.N.Y. 2016). “20 C.F.R. §§ 655.815 , 655.820, 655.840. Thereafter, either party may petition for review by the Secretary of Labor (“SOL”).”
Ndiaye v. Cvs Pharmacy 6081, 547 F. Supp. 2d 807 (S.D. Ohio 2008). “C. § 1182 (n)(2); 20 C.F.R. §§ 655.805 , 655.”
Macks USA, Inc v. United States Dep't of Labor (S.D.N.Y. 2024). “See 20 C.F.R. § 655.815 (c). If the employer has violated the wage requirements under an LCA, the Administrator may order the employer to pay back wages to the H- 1B employee.”
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