Key points:
Minimum penalties for first-time violations for unlawful employment of aliens will jump to $539 per individual from the current $375, while the minimum penalties for first-time paperwork violations (e.g., Form I-9 violations) will increase to $216 from the current $110. The minimum penalties for first-time violations for unfair immigration-related employment practices will increase to $445 from the current $375.
The penalties will apply to any violations committed after Nov. 2, 2015. The Justice Department published an interim final rule July 1 and the new penalties will take effect Monday.
Background: The rule was drafted pursuant to the Bipartisan Budget Act of 2015, which was signed into law Nov. 2 and altered the method for adjusting penalties for inflation. Minimum and maximum penalties will increase for a host of violations.
Violation | Current Penalty | Penalty Effective Aug. 1 |
Unlawful employment of aliens, first violation (per unauthorized individual) | Min. $375 | Min. $539 |
Max. $3,200 | Max. $4,313 | |
Unlawful employment of aliens, second violation (per unauthorized individual) | Min. $3,200 | Min. $4,313 |
Max. $6,500 | Max. $10,781 | |
Unlawful employment of aliens, subsequent violation (per unauthorized individual) | Min. $4,300 | Min. $6,469 |
Max. $16,000 | Max. $21,563 | |
Paperwork violation (per relevant individual) | Min. $110 | Min. $216 |
Max. $1,100 | Max. $2,156 | |
Unfair immigration-related employment practices, first violation (per individual) | Min. $375 | Min. $445 |
Max. $3,200 | Max. $3,563 | |
Unfair immigration-related employment practices, second violation (per individual) | Min. $3,200 | Min. $3,563 |
Max. $6,500 | Max. $8,909 | |
Unfair immigration-related employment practices, subsequent violation (per individual) | Min. $4,300 | Min. $5,345 |
Max. $16,000 | Max. $17,816 |
The interim final rule, which includes a table of penalties for all immigration-related violations, can be read in the Federal Register.
BAL Analysis: The increase in penalties highlights the importance of remaining in compliance with all immigration-related laws and regulations. The new penalties will be imposed beginning Monday, but will apply to any violation that occurred after Nov. 2, 2015.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact BerryApplemanLeiden@balglobal.com.
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About Berry Appleman & Leiden LLP
Founded in 1980, Berry Appleman & Leiden (BAL) provides comprehensive global immigration services from seven offices across the U.S. and from offices in Geneva, London, Melbourne, Rio de Janeiro, São Paulo, Shanghai, Singapore and Sydney. BAL manages global visa matters and customized application approaches for work permits, business visas, and residence permits in more than 100 countries. With a single cost center for worldwide operations, BAL offers centralized management with regional and local support for the complete spectrum of global immigration matters.
Source:Berry Appleman & Leiden LLP
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