In an effort to keep up with inflation and increase enforcement of immigration laws, the Department of Justice announced that they will be increasing the penalties for hiring unauthorized workers and unlawfully discriminating against immigrant workers. The penalty hikes were authorized by Congress as part of the Bipartisan Budget Act of 2015, and will go into effect August 1, 2016.
The most significant increase is for mistakes and omissions on the Form I-9. The minimum penalty for I-9 paperwork violations will increase from $110 to $216, while the maximum penalty will more than double, from $1,000 to $2,156. Civil penalties will similarly increase for violations of the H-1B, H-2B and H-2A temporary worker programs, such as misrepresentations on labor certifications, displacing US workers, and violations related to wages and working conditions. With these higher penalties in place, it will be more important than ever for employers to work closely with experienced immigration attorneys to ensure that they are following the proper procedures and avoiding costly mistakes.