GREATHOUSE LAW FIRM
Immigration and Nationality Law
4607 Lakeview Canyon Road #329, Westlake Village, CA 91361
Tel: (818) 735-0626   Fax: (818) 484-4003   E-Mail: info@greathouselawfirm.com
Copyright 2008 Greathouse Law Firm

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New Penalties for Employment Eligibility Verification Violations

As of March 27, 2008, there will be higher civil fines against employers that are found to have violated U.S. immigration laws.  The increase in fines is an adjustment for inflation, and in most instances do not result in amounts that are significantly larger than the current fines.

The Immigration and Nationality Act (INA) provides that employers are subject to civil monetary penalties for violation of employment eligibility requirements.  Specifically, 274A of the INA imposes penalties for the knowing employment of unauthorized aliens and the failure to comply with the I9 employment authorization verification requirements.

Section 274B prohibits immigration related unfair employment practices, including discrimination against job applicants or employees based on nationality or citizenship status, and the refusal to accept permissible documents presented by an employee in compliance with the I9 requirements.

Finally, 274C imposes civil penalties for immigration related document fraud.

Certain fines, such as paperwork violation and unfair immigration related employment practices for document abuse, remain unchanged.  Both range from $110 to $1,100.  Other important fines are those for violations related to hiring, recruiting and referral employer sanctions.  For the first order, the fines will range from $375 to $3,200, while the second order increased from a range of $2,200 to $5,500 to a range of $3,200 to $6,500.

You can download the
new Form I9 as well as the new Handbook for Employers (M-274) from the USCIS web site.

If you have any questions or would like to schedule a consultation to discuss ways our firm may assist you in complying with the immigration regulations concerning employment eligibility verification, please contact us.