The Department of Homeland Security (DHS) has introduced an interim final rule that changes how civil penalties are issued and enforced for immigration-related violations. With fines now being assessed and collected faster—and with larger financial consequences—employers must be ready to respond.
At NPZ Law Group, we’re advising clients to take immediate action to review their compliance procedures in light of this shift. Here’s what’s changed and what it means for HR, legal, and compliance teams.
DHS Now Moving Faster on Fines
The new rule compresses the penalty process under the Immigration and Nationality Act, particularly for violations related to:
- Form I-9 errors
- Hiring unauthorized workers
- Fee-shifting in H-1B cases
- Violations of H-1B wage or recordkeeping requirements
One of the biggest changes? The appeals process has been shortened. Instead of going to the DOJ’s Board of Immigration Appeals, cases may now be reviewed by a DHS supervisory officer—giving employers less time and fewer procedural options to contest penalties.
Higher Civil Penalty Amounts Now in Effect
Civil penalties have been adjusted for inflation and are now actively enforced under the new rule. Current fine ranges include:
- Unauthorized employment: $716 to nearly $29,000 per violation, depending on prior offenses
- Form I-9 paperwork errors: $288 to $2,861 per form
- Document fraud: $590 to $11,823
- Improper fee-shifting or indemnity bonds: $2,861 per occurrence
These figures apply to violations occurring after November 2, 2015, with penalties being applied under the updated guidance as of this rule change.
What Employers Should Do Now
Given the accelerated enforcement timeline and increased penalty amounts, employers should proactively prepare for worksite audits and potential investigations.
Recommended steps include:
- Conducting an internal I-9 audit to confirm completeness and accuracy of all employee files
- Verifying H-1B and PERM records, including LCA compliance and prevailing wage data
- Refreshing training for recruiters and HR staff on identifying document fraud
- Updating protocols for responding to ICE or DHS notices—designate a point of contact and outline response timelines
- Reviewing contracts with third parties to ensure no violations of indemnification or fee-shifting rules
Key Takeaways for Employers
- DHS and ICE can now assess fines more quickly, reducing employer time to respond
- Maximum penalties are significantly higher than in the past
- Businesses should be prepared with updated compliance processes and legal review of their current records and contracts
Is Your Organization Prepared?
Immigration-related penalties are no longer just a regulatory formality—they carry real financial and operational risks. At NPZ Law Group, our team assists employers with internal audits, policy updates, and response strategies to help mitigate exposure and stay ahead of enforcement actions.
Contact us today to schedule a confidential consultation or to review your worksite compliance program.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.