Higher Immigration Penalties for I-9 and Other Violations Going Into Effect August 1, 2016

Mintz - Immigration Viewpoints
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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 on August 1, they will be used for violations that occurred after November 2, 2015, the day the bill was signed into law.

A summary chart of the new fines:

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          

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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