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Court Upholds $305K Penalty Against Employer Who Violated INA §274A


Where the ALJ had found the employer petitioner liable for 504 violations of INA §274A, which requires employers to verify that their employees are legally authorized to work in the United States, and had assessed a total penalty of $305,050, the Ninth Circuit granted the petition for review as to one violation, because the charge was untimely under the statute of limitations. The court denied the petition as to the other 503 violations, concluding that the petitioner was not entitled to good faith defenses, and also denied the petition as to the ALJ’s summary determination of the penalty amount, concluding that the petitioner’s ability to pay was not a material issue of fact that would preclude such determination.

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