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Immigration Alert March 3, 2008 Increased Civil Fines for Employers
The U.S. government has announced higher civil fines against employers for immigration violations. The new rule will take effect on March 27, 2008.
The most significant cost increases include the following:
Violation | Offense | Previous Fine | New Fine *effective 3/27/2008 | Unlawful employment of aliens | First Offense | $275 - $2,200 per person | $375 – $3,200 per person | Unlawful employment of aliens | Second Offense | $2,200 - $5,500 per person | $3,200 - $6,500 per person | Unlawful employment of aliens | Subsequent offense | $3,300 - $11,000 per person | $4,300 - $16,000 per person | I-9 Paperwork violation | | $110 - $1,100 per person | $110 - $1,100 *no increase | Document Fraud | First Offense | $250 - $2,000 per person | $225 - $2,200 per person | Document Fraud | Subsequent Offense | $2,000 - $5,000 per person | $2,200 - $5,500 per person | Unfair immigration - related practices | First Offense | $275 - $2,200 per person | $325 - $3,200 per person | Unfair immigration – related practices | Second Offense | $2,200 - $5,500 per person | $3,200 - $6,500 per person | Unfair immigration – related practices | Subsequent Offense | $3,300 - $11,000 per person | $4,300 - $16,000 per person |
The violations include the following:
• Unlawful employment of aliens: Either actual knowledge or constructive knowledge that a foreign national is not authorized to work for the company;
• Paperwork Violation: Failure to comply with the employment verification requirements of form I-9;
• Document Fraud: Preparing, filing or assisting others in preparing or filing falsely made or fraudulent documents;
• Unfair immigration – related employment practices: Discrimination against job applicants or employees based on nationality or citizenship status and violations by an employer who refuses to accept permissible documents granted by an employee in compliance with Form I-9 requirements.
Employers should be aware of the increased emphasis on immigration enforcement. Corporate immigration compliance is essential to the company's credibility among government agencies (Department of Labor, USCIS, and consulates worldwide) and also important for public relations. But perhaps most importantly, corporations that do not fully comply with the immigration laws can face substantial fines and criminal prosecution. The punishment may extend not only to the corporation itself but also to HR managers, legal counsel, owners and other corporate employees involved in the immigration process. If you have any questions about immigration compliance, please contact your HLG attorney. Keep up with the latest Immigration News by signing up for all of Hammond Law Group LLC's free publications:
Immigration Alerts, Medical Monthly Monitor and Business Immigration Quarterly.
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