United States: New penalties for illegal employment, other violations to take effect Monday

The Justice Department is set to increase the civil penalties for a number of immigration-related violations, including unlawful employment of aliens, paperwork violations and unfair employment practices. The new penalties will take effect Monday.

0
0

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.

Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@balglobal.com.

Follow us on Twitter: @BAL_Immigration

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

Go to the profile of Berry Appleman & Leiden

Berry Appleman & Leiden

We are a global firm singularly focused on meeting the immigration challenges of corporate clients around the world in ways that make immigration more strategic and clients more successful.

No comments yet.