The U.S. Department of Justice has issued a new rule increasing penalties against employers for various immigration-related violations. The new penalty structure applies to civil penalties assessed after August 1, 2016, whose associated violations occurred after November 2, 2015.
Given the significant increase in penalties for immigration-related violations, employers should use particular care when dealing with I-9 form completion and other immigration-related employment processes and practices. We recommend that all employers perform an annual internal I-9 audit and consider periodic I-9 audits by third parties. Please refer to our prior alert as guidance when performing internal I-9 audits.
The penalty structure for first violations is set forth below. Increased penalties for repeat violations are also in effect.
New and Old Penalty Comparison
|
Type of Violation |
Old Penalty Structure |
New Penalty Structure |
|
I-9 Verification Paperwork |
$110 – $1,110 |
$216 – $2,156 |
|
Unlawful Employment of Unauthorized Workers |
$375 – $3,200 |
$539 – $4,313 |
|
Unfair Employment Practices (Includes Discrimination) |
$375 – $445 |
$3,200 – $3,563 |
|
Unfair Employment Practices (Document Abuse) |
$110 – $1,100 |
$178 – $1,782 |
|
H-1B Violations (Includes Filing Fees Paid by Employee, LCA Public Access File Violations) |
Maximum $1,000 |
Maximum $1,782 |
|
H-1B Violations (Includes Discrimination, Willful Failure Pertaining to Wages/Working Conditions) |
Maximum $5,000 |
Maximum $7,251 |
|
H-1B Violations (Includes Certain Displacement of U.S. Workers) |
Maximum $35,000 |
Maximum $50,758 |
|
H-2B Violations (Includes Failure to Pay Wages, Unlawful Termination) |
Maximum $10,000 |
Maximum $11,940 |