Immigration-Related Employment Records

I.          I-9 Employment Verification Records, Retention Requirements, and Possible Penalties for Non-Compliance with Document-Retention Requirements

A.        I-9 Employment Verification Documents 

           Since the enactment of the Immigration Reform and Control Act of 1986, employers have been required to make sure that Employment Verification requirements are met each time there is a new hire.  This includes confirmation of each new employee’s identity and authorization to work in the United States.  Employment verification is completed with the use of the “I-9 Employment Eligibility Verification” form.[2] 

            The I-9 form consists of three sections:  an employee section, an employer section, and a third section for use by employers in “reverifying” employment authorization.  Not only must the employer ensure that the new employee complete Section 1 of the form on the date of hire, but the employer must also complete Section 2 of the form by examining evidence of identity and employment eligibility.  Generally, this must be done within three business days after the date when employment starts.

            The statute permits an employer to copy documentation which an employee provides for I-9 purposes as long as the documentation is copied only for the purpose of complying with the I-9 requirements.  A uniform policy of photocopying is advised.  That is, an employer should copy and retain either all presented I-9 documents or none.

            Employers should keep in mind that if they opt to photocopy I-9 supporting documentation, the I-9 form must still be completed.  The photocopies of the employee’s documents should be kept with the completed I-9 record.

             B.        I-9 Employment Verification Document Retention Requirements 

            Included within the I-9 Employment Verification statute are document retention requirements.  These are found in Section 274A(b)(3) of the Immigration and Nationality Act.  Specifically, the Act states:

(3)        Retention of Verification Form

After completion of such form in accordance with paragraphs (1) and (2), the person or entity must retain a paper, microfiche, microfilm, or  electronic version of the form and make it available for inspection by officers of the Service, the Special Counsel for Immigration-Related Unfair Employment Practices, or the Department of Labor during a period beginning on the date of the hiring, recruiting, or referral of the individual and ending—

(A)       in the case of the recruiting or referral for a fee (without hiring) of an individual, three years after the date of the recruiting or referral, and

  (B)       in the case of the hiring of an individual--             

            (i)         three years after the date of such hiring, or            

            (ii)        one year after the date the individual's employment is terminated, whichever is later.

  [8 USC Section 1324a(b)(3); INA Section 274A(b)(3); emphasis added.]  

            For most employers, it is subpart B that applies.  Here, the statute directs an employer to maintain its I-9 forms for the later of three years from the date of hire or one year from the date when the employment relationship is severed.  This means that an employer should have an I-9 record on file for all active employees except for exempt employees.[3]  When an employment relationship ends, the employer should retain the relevant I-9 record for the later of three years from the date of hire or one year from the date of termination. 

            Note that if an employer or a recruiter or referrer for a fee copies documents presented by its employees, the Regulations require that the copy must be retained with the Form I-9.  [ 8 C.F.R. § 1274a.2(b)(3).]  Yet, that part of the Regulations also states that the retention requirements do not apply to the photocopies.

C.        Possible Penalties for Non-Compliance with I-9 Employment Verification Document-Retention Requirements  

            The Regulations at 8 C.F.R. § 1274a.2(b)(2)(ii) provide that an employer be given no fewer than three days notice before an inspection of I-9 Employment Verification Records.  Specifically, the Regulations states as follows:

(ii)        Any person or entity required to retain Form I-9 in accordance with this section shall be provided with at least three days notice prior to an inspection of the Forms I-9 by officers of the Service, the Special Counsel for Immigration-Related Unfair Employment Practices, or the Department of Labor.  At the time of inspection, Forms I-9 must be made available in their original form or on microfilm or microfiche at the location where the request for production was made.  If Forms I-9 are kept at another location, the person or entity must inform the officer of the Service, the Special Counsel for Immigration-Related Unfair Employment Practices, or the Department of Labor of the location where the forms are kept and make arrangements for the inspection.  Inspections may be performed at an INS [sic CIS] office.  A recruiter or referrer for a fee who has designated an employer to complete the employment verification procedures may present a photocopy of the Form I-9 in lieu of presenting the Form I-9 in its original form or on microfilm, as set forth in  paragraph (b)(1)(iv) of this section.  Any refusal or delay in presentation of the Forms I-9 for inspection is a violation of the retention requirements as set forth in section 274A(b)(3) of the Act.  No subpoena or warrant shall be required for such inspection, but the use of such enforcement tools is not precluded.  In addition, if the person or entity has not complied with a request to present the Forms I-9, any Service officer listed in section 287.4 of this chapter may compel production of the Forms I-9 by issuing a subpoena.  Nothing in this section is intended to limit the Service's subpoena power under section 235(a) of the Act.

          Because it is unlawful to hire, recruit or refer for a fee, an alien who is not authorized to work in the US, or to continue to employ such an individual, the penalties for failure to comply with employment verification requirements can be severe.[4]  For paperwork violations, which include a failure to properly retain I-9 forms, there are civil money penalties of not less than $110 and not more than $1,100 for each individual for whom a violation occurred.   

            As described in the US Citizenship and Immigration Service’s Office of Business Liaison’s Employer Information Bulletin 111, a copy of which appears at the end of this article, when determining the amount of the penalty, the government will consider factors such as the size of the business, whether the employer made a good faith compliance effort, the seriousness of the violation, whether or not the worker was unauthorized for employment in the US, and a history of previous violations or compliance. Recently, some state legislatures have acted to expand employment verification requirements and the related penalties for non-compliance.

             Overall, it makes good sense for an employer to make sure that I-9 employment verification procedures, including a system of document retention, are in place and consistently used.   

II.        H-1B Labor Condition Application Documentation, Retention Requirements, and Possible Penalties for Non-Compliance with Document-            Retention Requirements            

A.        Labor Condition Application Documentation  

            As part of the process of petitioning for H-1B Temporary Worker classification, the Department of Labor mandates that an employer obtain certification of a Labor Condition Application for Nonimmigrant Workers (LCA).  The LCA is Form ETA 9035; the LCA instructions (or “cover pages”) appear in Form ETA 9035CP.  Inclusion of the use of an LCA in the H-1B process is intended to protect the U.S. work-force by having an H-1B employer follow certain steps and make attestations regarding the employment of the foreign worker.  Note that the LCA is also used for nonimmigrant processes other than H-1B petitions, but those processes are not discussed in this article. 

            In addition to containing basic information about the employment, the LCA includes statements or “attestations” of an employer to confirm the following information that is set forth in full on the ETA 9035CP then summarized on the ETA 9035.  The attestations are as follows:  

1.         Wages:  The employer attests that H‑I B, H‑I B1, or E‑3 nonimmigrants will be paid wages which are at least the higher of

the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question or the prevailing wage level for the occupational classification in the area of intended employment.  By marking "Yes" in section F, the employer also attests that it will pay these nonimmigrants the required wage for time in nonproductive status due to a decision of the employer or due to the nonimmigrant's lack of a permit or license.  The employer further attests that these nonimmigrants will be offered benefits and eligibility for benefits on the same basis, and in accordance with the same criteria, as offered to U.S. workers.  See 20 CFR 655.73 1.

2.         Working Conditions:  The employer attests that the employment of H‑IB,  H‑lBl, or E‑3 nonimmigrants in the named occupation will not     

           adversely affect the working conditions of workers similarly employed.  The employer further attests that nonimmigrants will be afforded working

           conditions on the same basis, and in accordance with the same criteria, as offered to similarly employed U.S. workers.  See 20 CFR 655.732.

3.         Strike, Lockout, or Work Stoppage:  The employer attests that on the date the application is signed and submitted, there is not a strike, 

            lockout, or work stoppage in the course of a labor dispute in the named occupation at the place of employment and that, if such a strike, lockout,

           or work stoppage occurs after the application is submitted, the employer will notify ETA within three (3) days of such occurrence and the    

           application will not be used in support of a petition filing with USCIS for H‑I B, H‑I B1, or E‑3 nonimmigrants to work in the same occupation at

           the place of employment until ETA determines the strike, lockout, or work stoppage has ceased. See 20 CFR 655.733.

4.         Notice: The employer attests that as of the date of filing, notice of the labor condition application has been or will be provided to workers

           employed in the named occupation.  Notice of the application shall be provided to workers through the bargaining representative, or where there

           is no such bargaining representative, notice of the filing shall be provided either through physical posting in conspicuous locations where H‑I B,

           H‑IB1, or E‑3 nonimmigrants will be employed, or through electronic notification to employees in the occupational classification for which

           nonimmigrants are sought.  The employer also attests that each nonimmigrant employed pursuant to the application will be provided with a copy

           (or original, as appropriate) of the certified Form ETA 9035, and provided with a copy of ETA 9035CP if requested.  As stated above, for H‑I

           B I and E‑3 nonimmigrants, the employer must provide the certified Labor Condition Application to the nonimmigrant, who must follow the H‑I B

           I or E‑3 procedures of USCIS and the Department of State.  This notification shall be provided no later than the date the nonimmigrant reports to

           work at the place of employment.  See 20 CFR 655.734. 

            Included as part of the requirements relating to the LCA are document retention requirements.  These mandate that an H-1B employer retain not only a copy of the LCA itself, but also related documents to demonstrate compliance with the attestations.  A description of documents which an H1B employer must maintain are found in the Department of Labor Regulations at Section 655.760, and include the following:

(1)        A copy of the certified labor condition application (Form ETA 9035E or Form ETA 9035) and cover pages (Form ETA 9035CP).  If the 

            Form ETA 9035E is submitted electronically, a printout of the certified application shall be signed by the employer and maintained in its files and

            included in the public examination file;  

(2)        Documentation which provides the wage rate to be paid the H-1B nonimmigrant; 

(3)        A full, clear explanation of the system that the employer used to set the “actual wage” the employer has paid or will pay workers in the

            occupation for which the H-1B nonimmigrant is sought, including any periodic increases which the system may provide--e.g., memorandum

            summarizing the system or a copy of the employer's pay system or scale (payroll records are not required, although they shall be made available

            to the Department in an enforcement action);  

(4)        A copy of the documentation the employer used to establish the “prevailing wage” for the occupation for which the H-1B nonimmigrant is sought 

            (a general description of the source and methodology is all that is required to be made available for public examination; the underlying individual

            wage data relied upon to determine the prevailing wage is not a public record, although it shall be made available to the Department in an

            enforcement action);

(5)        A copy of the document(s) with which the employer has satisfied the union/employee notification requirements of § 655.734 of this part;

(6)        A summary of the benefits offered to U.S. workers in the same occupational classifications as H-1B nonimmigrants, a statement as to how any  

            differentiation in benefits is made where not all employees are offered or receive the same benefits (such summary need not include proprietary

            information such as the costs of the benefits to the employer, or the details of stock options or incentive distributions), and/or, where applicable, a

            statement that some/all H-1B nonimmigrants are receiving “home country” benefits (see § 655.731(c)(3));

(7)        Where the employer undergoes a change in corporate structure, a sworn statement by a responsible official of the new employing entity that it

            accepts all obligations, liabilities and undertakings under the LCAs filed by the predecessor employing entity, together with a list of each affected

            LCA and its date of certification, and a description of the actual wage system and FEIN of the new employing entity (see § 655.730(e)(1));

(8)        Where the employer utilizes the definition of “single employer” in the IRC, a list of any entities included as part of the single employer in making

            the determination as to its H-1B-dependency status (see § 655.736(d)(7));

(9)        Where the employer is H-1B-dependent and/or a willful violator, and indicates on the LCA(s) that only “exempt” H-1B nonimmigrants will be

            employed, a list of such “exempt” H-1B nonimmigrants (see § 655.737(e)(1)); and

(10)      Where the employer is H-1B-dependent or a willful violator, a summary of the recruitment methods used and the time frames of recruitment of  

            U.S. workers (or copies of pertinent documents showing this information) (see § 655.739(i)(4).

             B.        Labor Certification Application Document Retention Requirements 

            It is 20 CFR Section 655.760(c) of the Regulations which sets forth the retention of records requirement for LCAs and related documentation.  There it is stated that  

Either at the employer's principal place of business in the U.S. or at the place of employment, the employer shall retain copies of the records required by this subpart for a period of one year beyond the last date on which any H-1B nonimmigrant is employed under the labor condition application or, if no nonimmigrants were employed under the labor condition application, one year from the date the labor condition application expired or was withdrawn.  Required payroll records for the H-1B employees and other employees in the occupational classification shall be retained at the employer's principal place of business in the U.S. or at the place of employment for a period of three years from the date(s) of the creation of the record(s), except that if an enforcement action is commenced, all payroll records shall be retained until the enforcement proceeding is completed through the procedures set forth in subpart I of this part. 

[20 CFR 655.760(c), emphasis added.]

            An LCA may be used in the H-1B process for a single employee or may be completed to indicate the hiring of multiple employees where the position is the same.  If an LCA is specific to one employee, the employer should maintain its records for one year beyond the date when that H-1B worker is employed under the LCA.  Where multiple workers are indicated on the same LCA, the employer must maintain the records for one year from the last date on which the last employee works pursuant to that LCA.  If the employer files an LCA that is never used, the employer still must maintain the documentation for one year from the date when the LCA expires or is withdrawn. 

            Note that the document retention period for payroll records is three years from the date when the records were created or longer if DOL commences an enforcement action.

III.       PERM Labor Certification Documentation, Retention Requirements, and Possible Penalties for Non-Compliance with Document Retention Requirements            

A.        PERM Labor Certification Documentation  

            On March 28, 2005, the Department of Labor’s Regulation which re-vamped the labor certification system became effective.  Called “Program Electronic Review Management” and popularly referred to as “PERM”, the major feature of the new program is that it permits the electronic filing of labor certification applications.

            The system continues to permit the filing of a hardcopy application, but either way, supporting documentation is no longer filed along with the Application.  Instead, under the PERM system, the employer must maintain its PERM-related documentation for a period of five years.  

            Before March 28, 2005, Form ETA 750 was used for labor certification filings.  A new form was created for use under the PERM labor certification system.  The ETA 9089 Application for Permanent Employment Certification is now the form used for seeking alien labor certification.

            The Regulations at 20 CFR Section 656.17(g) specifically mandate that the employer prepare and retain a Recruitment Report and sets forth the detail to be included in the Report:

(g)        Recruitment report.

            (1)        The employer must prepare a recruitment report signed by the employer or the employer's representative noted in

§ 656.10(b)(2)(ii) describing the recruitment steps undertaken and the results achieved, the number of hires, and, if applicable, the number of U.S. workers rejected, categorized by the lawful job related reasons for such rejections. The Certifying Officer, after reviewing the employer's recruitment report, may request the U.S. workers' resumes or applications, sorted by the reasons the workers were rejected.

            (2)        A U.S. worker is able and qualified for the job opportunity if the worker can acquire the skills necessary to perform the duties involved

                        in the occupation during a reasonable period of on-the-job training. Rejecting U.S. workers for lacking skills necessary to perform the

                       duties involved in the occupation, where the U.S. workers are capable of acquiring the skills during a reasonable period of on-the-job

                       training is not a lawful job-related reason for rejection of the U.S. workers.

            In addition to a signed copy of the ETA 9089 and the Recruitment Report, employers should maintain the following documentation: 

            1.         The prevailing wage determination.

            2.         Evidence of the employer’s ability to pay the proffered wage.

            3.         Copies of the beneficiary’s credentials documents which demonstrate

                        that the beneficiary meets the employer’s job requirements.

            4.         Evidence of recruitment.

            5.         Applications for the job received during the recruitment period.

            6.         Any additional documentation regarding such things as special

requirements due to business necessity and the like.

             B.        PERM Document Retention Requirements

            The PERM document retention Regulation is set forth at 20 C.F.R. Section 656.10(f).  The Regulation states as follows:

            (f)         Retention of Documents.

                        Copies of applications for permanent employment certification filed with the Department of Labor and all supporting documentation must 

                        be retained by the employer for 5 years from the date of filing the Application for Permanent Employment Certification.

[20 CFR Section 656.10(f), emphasis added.]

            Employers should be cautioned regarding the 5-year document retention period stipulated in the Regulations.  In the comments to the final rule, DOL stated that, ``...this final rule will provide the Certifying Officer with authority to take steps to revoke a labor certification for fraud and willful misrepresentation, obvious errors, or for grounds or issues associated with the labor certification process” and that as a result, there should not be any time limit on the authority of the certifying officer to revoke a labor certification.''  69 Fed. Reg. at 77,365.  With this in mind an employer must decide whether or not to maintain its PERM documentation beyond the mandatory 5-year period.

             C.        Possible Penalties for Failure to Comply with PERM Document Retention Requirements

            While there are a variety of possible penalties related to the filing of PERM applications, with regard to document-retention, the most serious penalty is denial of the audited PERM application or revocation of the approval of an already-approved PERM application.  The employer is also likely to be forbidden from filing additional PERM applications except under DOL-supervised recruitment for a period of up to two years.  The audit process and a description of supervised recruitment appear at 20 CFR 656.20 (Audit Procedures) and 20 CFR 656.21 (Supervised Recruitment).  

            The Department of Labor may select a case for audit based upon review of the labor certification application or certain applications may be selected randomly for audit and quality control purposes.   

            If an application is selected for audit, the DOL Certifying Officer will issue an audit letter.  The audit letter will specifically instruct the employer regarding the documentation that must be provided to the DOL.  This is why it is critical that an employer maintain a complete file of the necessary documents for the full 5-year period.  Of course, DOL may also request documentation during the adjudication of a PERM application so even if there is never an audit, it is essential that an employer maintain its records well.

            Additionally, the DOL’s letter will specify a date “30 days from the date of the audit letter, by which the required documentation must be submitted....”  If the employer fails to send the required documentation by the date specified the application will be denied.  At the Certifying Officer’s discretion, one extension of up to 30 days may be permitted for the reply. 

            The DOL has stipulated in its Regulations that a failure to provide documentation in a timely manner constitutes a refusal to exhaust available administrative remedies.  As a result, a PERM denial under these circumstances is not appealable. 

            Further to the PERM application being denied, the Regulations state that a substantial failure by the employer to provide required documentation may result in a determination by the DOL Certifying Officer to require the employer to conduct supervised recruitment under § 656.21 in future filings of labor certification applications for up to 2 years.

OFFICE OF BUSINESS LIAISON 

U.S. DEPARTMENT OF HOMELAND SECURITY    

U.S. CITIZENSHIP AND IMMIGRATION SERVICES 

Employer Information Bulletin 111               

EBISS:   (800) 357‑2099                                                                        

NCSC:   (800) 375‑5283                                                                        

TDD:     (800) 767‑1833          

Penalties for Prohibited Practices                 

Fax:       (202) 272‑1865                                                                        

Order Forms: (800) 870‑3676                                      

March 16, 2005           Website: www.uscis.gov 

The following is not intended to be legal advice pertaining to your situation and should not be construed as such.  The information provided is intended merely as a general overview with regard to the subject matter covered.

EMPLOYER SANCTIONS 

CIVIL MONEY PENALTIES[5] 

The Department of Homeland Security, U.S. Immigration and Customs Enforcement (ICE) is authorized to conduct investigations to determine whether employers have violated the prohibitions against knowingly employing unauthorized aliens and failing to properly complete, present or retain the Employment Eligibility Verification form (Form 1‑9) for newly hired individuals.  If ICE believes that violations have occurred, ICE may issue a Warning Notice, a Technical or Procedural Failures Letter notifying the employer of technical or procedural failures in need of correction, or a Notice of Intent to Fine (NIF).  In cases where a NIF is issued, employers may request a hearing within 30 days of service of the NIF to contest the NIF before an Administrative Law Judge of the Office of the Chief Administrative Hearing Officer (OCAHO), Executive Office for Immigration Review, U.S. Department of Justice.  Hearing requests must be in writing and filed with the ICE office designated in the NIF.  If a hearing is not requested within the 30‑day period, ICE will issue a Final Order to cease and desist and to pay a civil money penalty.  Once a Final Order is issued, the penalty is unappealable. If a hearing is requested, ICE will file a complaint with OCAHO to begin the administrative hearing process which may end in settlement, dismissal, or a Final Order for civil money penalties. 

Hiring or Continuing to Employ Unauthorized Alien(s) 

An employer found to have knowingly hired, recruited or referred for a fee, or continued to employ, an unauthorized alien for employment in the United States shall be subject to an order to cease and desist from the unlawful behavior and to pay a civil fine.  An employer can be fined $250 ‑ $2,000 per unauthorized alien with respect to whom the First offense[6] occurred before September 29, 1999, and not less than $275 and not exceeding $2,200, for each unauthorized alien with respect to whom the offense occurred on or after September 29, 1999.  An employer can be fined from $2,000 ‑ $5,000 per unauthorized alien for a Second offense that occurred before September 29, 1999, and between $2,200 ‑ $5,500 if occurred on or after September 29, 1999.  An employer can be fined from $3,000 ‑$10,000 per unauthorized alien for each Third or Subsequent offense that occurred before September29, 1999, and between $3,300 ‑ $11,000 if occurred on or after September 29, 1999.  

These penalties are not limited to employees for whom employers complete and retain 1‑9 files, but also cover employers' use of contract personnel known to them to be unauthorized to work in the United States.  If an employer can demonstrate compliance with Form 1‑9 requirements, a good faith defense with respect to a charge of knowingly hiring an unauthorized alien will have been established unless the government can prove otherwise. 

Failure to Comply with Form 1‑9 Requirements 

Employers who fail to properly complete, retain, and/or present Forms 1‑9 for inspection as required by law may be subject to a civil penalty for violations occurring on or after September 29, 1999 from $110 ‑ $1,100 per employee whose Form I-9 is no properly completed, retained and/or presented.  For violations occurring before September 29, 1999, civil penalties range from $100 to $1,000.  In determining the amount of the civil penalty, the following factors are considered: size of the business of the employer being charged; the good faith of the employer; the seriousness of the violation; whether or not the individual was an unauthorized alien; and the history of previous violations of the employer.

Requiring Indemnification 

Employers found to have required a bond or indemnity from an employee against liability under the employer sanctions laws may be fined $1,000 for each violation before September 29, 1999, and $1,100 per violation on or after September 29, 1999, and ordered to make restitution to the person required to pay the indemnity.  If that person cannot be located, payment is made to the U.S. Treasury.

CRIMINAL PENALTIES 

Engaging in a Pattern or Practice of Knowingly Hiring or Continuing to Employ Unauthorized Aliens 

Employers convicted of having engaged in a pattern or practice of knowingly hiring unauthorized aliens or continuing to employ aliens knowing that they are or have become unauthorized to work in the United States, after November 6, 1986, (e.g. expiration of work authorization), may be fined up to $3,000 per unauthorized employee and/or face up to 6 months of imprisonment.

Engaging in Fraud or False Statements, or Otherwise Misusing Visas, Immigration Permits, and Identity Documents 

Persons who knowingly use fraudulent identification documents, identity documents that were issued to persons other than themselves, or false attestations for the purpose of satisfying the employment eligibility verification requirements, may be fined and/or imprisoned for up to 5 years.

CIVIL DOCUMENT FRAUD 

It is unlawful for any person or entity knowingly to engage in any of the following activities:

• Forge, counterfeit, alter, or falsely make any document for the purpose of satisfying a requirement of the Immigration and Nationality Act (INA) or to obtain a benefit under the INA;
• Use, attempt to use, posses, obtain, accept, or receive or to provide any forged, counterfeit, altered or falsely made document for the purpose of satisfying a requirement of the INA or to obtain a benefit under the INA;
• Use or attempt to use or to provide or attempt to provide any document lawfully issued to a person other than the possessor, including a deceased individual for the purpose of satisfying a requirement of the INA or to obtain a benefit under the INA;  
• Accept or receive or to provide any document lawfully issued to or with respect to a person other than the possessor for the purpose of complying with the employment eligibility verification requirements or obtaining a benefit under the INA;
• Prepare, file, or assist another in preparing or filing, any application for benefits under the INA, or any document required under the INA, or any document submitted in connection with such application or document, with knowledge or in reckless disregard of the fact that such application or document was falsely made or, in whole or in part, does not relate to the person on whose behalf it was or is being submitted; or
• Present before boarding a common carrier for the purpose of coming to the United States a document which relates to the alien's eligibility to enter the United States, and to fail to present such document to an immigration officer upon arrival at a United States port of entry.   

If an investigation reveals that an individual has committed or participated in any of the acts listed above, the U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement may issue a Notice of Intent to Fine (NIF).  Within 60 days of the NIF, the person or entity that receives the NIF may make a written request for a hearing submitted to the appropriate ICE office or face an unappealable Final Order to pay a civil penalty, per fraudulent document or proscribed activity, in the amount of: $250 ‑ $2,000 or, if on or after September 29, 1999, $275 ‑ $2,200, for the first offense; and $2,000 ‑ $5,000, or, if on or after September 29, 1999, $2,200 ‑$5,500, for each subsequent offense.  For an individual who is not a U.S. citizen, waiver of a 274C hearing will result in the issuance of a final order and removal from the United States.

UNLAWFUL DISCRIMINATION 

If an Office of Special Counsel for Unfair Employment‑Related Discrimination (OSC) or Equal Employment Opportunity Commission (EEOC) investigation reveals employment discrimination covered by the Immigration and Nationality Act, the employer will be ordered to cease the prohibited practice and may be ordered to take one or more of the following steps:

• Hire or reinstate, with or without back pay, individuals directly injured by the discrimination;
• Lift any restrictions on an employee's assignments, work shifts, or movements;
• Post notices to employees about their rights and about employers' obligations;
• Educate all personnel involved in hiring and in complying with the employer sanctions and anti-discrimination laws;
• Remove a false performance review or false warning from an employee's personnel file. 

Employers may also be ordered to pay civil monetary penalties of $250 ‑ $2,000 per individual discriminated against for the first offense, $2,000 ‑ $5,000 per individual discriminated against for the second offense, $3,000 ‑$10,000 per individual discriminated against for subsequent offenses.

DOCUMENT ABUSE 

Where employers are found to have requested more or different documents than an employee has chosen to present from List A or Lists B and C, they may be fined $100 ‑ $1,000 for each individual determined to have suffered such document  abuse. The Department of Justice, Civil Rights Division, Office of Special Counsel for Immigration‑Related Unfair Employment Practices can be reached on an employer hotline at (800) 255‑8155 and on an employee hotline at (800) 255‑7688 or via web at http://www.usdoj.gov/crtlosc.