# 20 C.F.R. § 655.1205 (2026): What is the Administrator's responsibility with respect to complaints and investigations?

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1205

## Section

- **Citation:** 20 C.F.R. § 655.1205 (2026)
- **Heading:** What is the Administrator's responsibility with respect to complaints and investigations?
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Title 20 CFR: Employees' Benefits / Chapter V: EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR / Part 655: TEMPORARY EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED STATES / Subpart M: What are the Department's enforcement obligations with respect to H-1C Attestations? / § 655.1205: § 655.1205   What is the Administrator's responsibility with respect to complaints and investigations?

## Text

(a) The Administrator, through investigation, shall determine whether a facility has failed to perform any attested conditions, misrepresented any material facts in an Attestation (including misrepresentation as to compliance with regulatory standards), or otherwise violated the Act or subpart L or M of this part. The Administrator's authority applies whether an Attestation is expired or unexpired at the time a complaint is filed. (Note: Federal criminal statutes provide for fines and/or imprisonment for knowing and willful submission of false statements to the Federal Government. 18 U.S.C. 1001;
see also
18 U.S.C. 1546.)
(b) Any aggrieved person or organization may file a complaint of a violation of the provisions of section 212(m) of the INA (8 U.S.C. 1182(m)) or subpart L or M of this part. No particular form of complaint is required, except that the complaint shall be written or, if oral, shall be reduced to writing by the Wage and Hour Division official who receives the complaint. The complaint must set forth sufficient facts for the Administrator to determine what part or parts of the Attestation or regulations have allegedly been violated. Upon the request of the complainant, the Administrator shall, to the extent possible under existing law, maintain confidentiality about the complainant's identity; if the complainant wishes to be a party to the administrative hearing proceedings under this subpart, the complainant shall then waive confidentiality. The complaint may be submitted to any local Wage and Hour Division office; the addresses of such offices are found in local telephone directories. Inquiries concerning the enforcement program and requests for technical assistance regarding compliance may also be submitted to the local Wage and Hour Division office.
g proceedings under this subpart, the complainant shall then waive confidentiality. The complaint may be submitted to any local Wage and Hour Division office; the addresses of such offices are found in local telephone directories. Inquiries concerning the enforcement program and requests for technical assistance regarding compliance may also be submitted to the local Wage and Hour Division office.
(c) The Administrator shall determine whether there is reasonable cause to believe that the complaint warrants investigation and, if so, shall conduct an investigation, within 180 days of the receipt of a complaint. If the Administrator determines that the complaint fails to present reasonable cause for an investigation, the Administrator shall so notify the complainant, who may submit a new complaint, with such additional information as may be necessary.
(d) When an investigation has been conducted, the Administrator shall, within 180 days of the receipt of a complaint, issue a written determination, stating whether a basis exists to make a finding that the facility failed to meet a condition of its Attestation, made a misrepresentation of a material fact therein, or otherwise violated the Act or subpart L or M. The determination shall specify any sanctions imposed due to violations. The Administrator shall provide a notice of such determination to the interested parties and shall inform them of the opportunity for a hearing pursuant to § 655.1220.

## Nearby sections

- [20 C.F.R. § 655.1200 (2026) § 655.1200   What enforcement authority does the Department have with respect to a facility's H-1C Attestations?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1200.md)
- [20 C.F.R. § 655.1205 (2026) § 655.1205   What is the Administrator's responsibility with respect to complaints and investigations?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1205.md)
- [20 C.F.R. § 655.1210 (2026) § 655.1210   What penalties and other remedies may the Administrator impose?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1210.md)
- [20 C.F.R. § 655.1215 (2026) § 655.1215   How are the Administrator's investigation findings issued?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1215.md)
- [20 C.F.R. § 655.1220 (2026) § 655.1220   Who can appeal the Administrator's findings and what is the process?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1220.md)
- [20 C.F.R. § 655.1225 (2026) § 655.1225   What are the rules of practice before an ALJ?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1225.md)
- [20 C.F.R. § 655.1230 (2026) § 655.1230   What time limits are imposed in ALJ proceedings?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1230.md)
- [20 C.F.R. § 655.1235 (2026) § 655.1235   What are the ALJ proceedings?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1235.md)
- [20 C.F.R. § 655.1240 (2026) § 655.1240   When and how does an ALJ issue a decision?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1240.md)
- [20 C.F.R. § 655.1245 (2026) § 655.1245   Who can appeal the ALJ's decision and what is the process?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1245.md)
- [20 C.F.R. § 655.1250 (2026) § 655.1250   Who is the official record keeper for these administrative appeals?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1250.md)
- [20 C.F.R. § 655.1255 (2026) § 655.1255   What are the procedures for debarment of a facility based on a finding of violation?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1255.md)
- [20 C.F.R. § 655.1260 (2026) § 655.1260   Can Equal Access to Justice Act attorney fees be awarded?](https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1260.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T20_P655_S655_1205. Check the current official text before relying on it. Not legal advice.
