Welcome to the Immigration section of our webpage. This front page will reflect our most current information on immigration law affecting educational institutions.
Updated I-9 Penalties-81 Fed. Reg. 42987, July 1, 2016 (adjusted for inflation)
The adjusted penalties will be effective for civil penalties assessed after August 1, 2016 whose associatedviolations occurred after November 2, 2015.
Form I-9 Paperwork Violations:
Prior fine: $110 to $1,100 per violation
New fine: $216 to $2,126 per violation
E-Verify – failure to notify DHS of continuing employment when employee receives Final Non-Confirmation
Prior fine: $500 to $1,000 per worker
New fine: $751 to $1,502 per worker
Unfair Immigration-Related Practices (First Order):
Prior fine: $375 to $3,200 per worker
New fine: $445 to $3,563 per worker
Unfair Immigration-Related Practices (Document Abuse):
Prior fine: $110 to $1,100 per worker
New fine: $178 to $1,782 per worker
Knowingly hiring, recruiting, referring, or retaining an unauthorized worker:
New Fines: $539 to $4,313 per unauthorized individual for the first offense;
$4,313 to $10,781 per unauthorized individual for the second offense; and
$6,469 to $21,563 per unauthorized individual for subsequent offenses.
81 Fed. Reg. 13040, Final Rule, March 11, 2016 Improving and Expanding Training
Opportunities for F–1 Nonimmigrant Students With STEM Degrees and Cap-Gap Relief for All Eligible F–1 Students
The final rule allows F-1 Stem students to extend their OPT period to 24 months. Oversight by employers is required, including formal training programs, and allowing extensions only for degrees from accredited schools.
The rule also includes "Cap-Gap" relief for any F-1 student who has filed a timely H-1B petition and request for change of status. The final rule will go into effect on May 10, 2016. For more on CAP-GAP see USCIS web page. See also NAFSA page on the new final rule. The current 17-month STEM OPT rule remains effective through May 9, 2016, and will continue to govern the STEM OPT extensions that were approved prior to May 10, 2016 and for which a 7-month extension has not been requested.