Immigration Alert
07.29.2016

As a result of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, higher immigration fines and penalties will go into effect on August 1, 2016. The fines and penalties cover Form I-9 paperwork violations, the unlawful employment of immigrant workers, certain temporary work visa programs, and immigration-related discrimination in hiring and employment. While these fines come into effect August 1, they will be used for violations that occurred after November 2, 2015, the day the bill was signed into law.

Many of the increases are significant. For example, the fines for Form I-9 paperwork violations are increasing from a range of $110 – $1100 per violation to a range of $216 – $2156 per violation. Keep in mind that an employer may have more than one mistake in one Form I-9 and patterns in poor I-9 compliance could quickly multiply potential fines for an employer.

Certain H-1B related fines are also increasing. Penalties vary depending on the severity of the violation, specifically whether or not the violation was willful and/or if a U.S. worker was displaced. The new fines will range from $1,782 – $50,758. The previous maximum fee for an H-1B related violation was $35,000.

A summary chart of the new immigration related fines is below:


Civil Violations

First Offense

Second Offense

Third Offense

MINIMUM

MAXIMUM

MINIMUM

MAXIMUM

MINIMUM

MAXIMUM

Unlawful employment of aliens (per unauthorized worker)

$539 for each worker

$4,313 for each worker

$4,313 for each worker

$10,781 for each worker

$6,469 for each worker

$21,563 for each worker

Failing to comply with Form I-9 requirements

$216 for each form

$2,156 for each form

$216 for each form

$2,156 for each form

$216 for each form

$2,156 for each form

Committing or participating in document fraud

$445 for each worker

$3,563 for each worker

$3,563 for each worker

$8,908 for each worker

$3,563 for each worker

$8,908 for each worker

Unlawful immigration-related employment-practices

$455 per violation

$3,563 for each worker

$3,563 for each worker

$8,908 for each worker

$5,345 per violation

$17,816 per violation

H-1B Violation

$1,782

 

 

 

 

 

H-1B Violation - willful or discrimination

7251

 

 

 

 

 

H-1B Violation - willful that resulted in displacement of a US worker

$50,758