655.24—Audits.
(a) Discretion.
OFLC will conduct audits of H-2B temporary labor certification applications. The applications selected for audit will be chosen within the sole discretion of OFLC.
(b) Audit letter.
When an application is selected for audit, the CO shall issue an audit letter to the employer. The audit letter will:
(1)
State the application has been selected for audit and note documentation that must be submitted by the employer;
(2)
Specify a date, no fewer than 14 days and no more than 30 days from the date of the audit letter's issuance, by which the required documentation must be received by the CO; and
(i)
Require the employer to conduct supervised recruitment under § 655.30 in future filings of H-2B temporary labor certification applications for a period of up to 2 years, or
(ii)
Debar the employer from future filings of H-2B temporary labor certification applications as provided in § 655.31.
(c) Supplemental information.
During the course of the audit examination, the CO may request supplemental information and/or documentation from the employer to complete the audit.
(d) Audit violations.
If, as a result of the audit, the CO determines the employer failed to produce all required documentation, or determines that the employer made a material misrepresentation with respect to the application, the employer may be required to conduct supervised recruitment under § 655.30 in future filings of H-2B temporary labor certification applications for up to 2 years, or may be subject to debarment pursuant to § 655.31 or other sanctions. The CO may provide the audit findings and underlying documentation to DHS, WHD, or another appropriate enforcement agency. The CO may refer any findings that an employer discouraged an eligible U.S. worker from applying, or failed to hire, discharged, or otherwise discriminated against an eligible U.S. worker, to the Department of Justice, Civil Rights Division, Office of Special Counsel for Unfair Immigration Related Employment Practices.