The U.S. Departments of Homeland Security (DHS), Justice (DOJ), and Labor (DOL) announced increased civil fines against employers who commit immigration-related offenses, such as Form I-9 and E-Verify violations, H-1B visa program violations, unfair immigration employment practices, and unlawfully employing foreign nationals. These increased penalties will be applicable only to penalties assessed after August 1, 2016, but will apply to violations that occurred after November 2, 2015.

The penalty increases are substantial because the federal agencies are adjusting fines for inflation from the dates of initial enactment. For instance, penalties for violating the Form I-9 identity and employment eligibility verification provisions almost doubled from a range of $110 – $1,100 to $216 – $2,156. The penalty for H-1B visa program violations, including misrepresentations on the labor condition application or requirements that the employee pay certain fees will increase to up to $1,782 per violation. More serious conduct, including willful failures pertaining to wages or working conditions, willful representations on the labor condition application, or discrimination against an employee will result in a penalty of up to $7,251 per violation. The penalty for displacing a U.S. worker during a period beginning 90 days before and ending 90 days after the filing of an H-1B petition in conjunction with other willful violations or willful misrepresentations increased from $35,000 to up to $50,758 per violation.

Finally, the penalties for knowingly hiring, recruiting, referring, or retaining an unauthorized worker increased per unauthorized alien to $539 to $4,313 for the first offense, $4,313 to $10,781 for the second offense, and $6,469 to $21,563 for subsequent offenses.