Willful violator or willful violator employer means an employer that meets all of the following standards: A finding of violation by the employer is entered in either of the following two types of enforcement proceeding: A Department of Labor proceeding under the Immigration and Nationality Act (INA) § 212(n)(2); (8 U.S.C. § 1182(n)(2)(C); OR a Department of Justice proceeding under INA § 212(n)(5); (8 U.S.C.§ 1182(n)(5).) The agency finds that the employer has committed either a willful failure or a misrepresentation of a material fact (two of the Labor Condition Application (LCA) attestations; and The agency’s finding is entered on or after October 21, 1998.