The WHD Administrator, through investigation, shall determine whether an employer has—
(a)
Filed a petition with ETA that willfully misrepresents a material fact.
(b)
Substantially failed to meet any of the conditions of the labor certification application attested to, as listed in § 655.22, or any of the conditions of the DHS Form I-129, Petition for a Nonimmigrant Worker for an H-2B worker in 8 CFR 214.2(h).
(c)
Misrepresented a material fact to the State Department during the visa application process.