---
kind: "section"
citation: "8 C.F.R. § 1270.3"
title: "8"
number: "1270.3"
heading: "Penalties."
url: "https://uscodex.org/cfr/8/1270.3"
---

# §1270.3. Penalties.

- (a) **Criminal penalties.** Nothing in section 274C of the Act shall be construed to diminish or qualify any of the penalties available for activities prohibited by this section but proscribed as well in [title 18](/cfr/18.md), United States Code.
- (b) **Civil penalties.** A person or entity may face civil penalties for a violation of [section 274C](/cfr/8/274C.md) of the Act. Civil penalties may be imposed by the Service or by an administrative law judge for violations under [section 274C](/cfr/8/274C.md) of the Act. The Service may charge multiple violations of section 274C of the Act in a single Notice of Intent to Fine, and may impose separate penalties for each such unlawful act in a single proceeding or determination. However, in determining whether an offense is a first offense or a subsequent offense, a finding of more than one violation in the course of a single proceeding or determination will be counted as a single offense.
  - (1) A respondent found by the Service or an administrative law judge to have violated section 274C of the Act shall be subject to an order:
    - (i) To cease and desist from such behavior; and
    - (ii) **To pay a civil penalty as follows—**
      - (A) **First offense.** Not less than $250 and not exceeding $2,000 for each fraudulent document or each proscribed activity described in section 274C(a)(1) through (a)(4) of the Act before September 29, 1999, and not less than $275 and not exceeding $2,200, for each fraudulent document or each proscribed activity on or after September 29, 1999.
      - (B) **Subsequent offenses.** Not less than $2,000 and not more than $5,000 for each fraudulent document or each proscribed activity described in section 274C(a)(1) through (a)(4) of the Act before September 29, 1999, and not less than $2,200 and not exceeding $5,500, for each fraudulent document or each proscribed activity occurring on or after September 29, 1999.
  - (2) Where an order is issued to a respondent composed of distinct, physically separate subdivisions each of which provides separately for the hiring, recruiting, or referring for a fee for employment (without reference to the practices of, and not under the common control of or common control with, another subdivision), each subdivision shall be considered a separate person or entity.

## Notes

### Amendments

[57 FR 33866, July 31, 1992, as amended at 64 FR 47101, Aug. 30, 1999]

### Authority

Authority: 8 U.S.C. 1101, 1103, and 1324c; Pub. L. 101-410, 104 Stat. 890, as amended by Pub. L. 104-134, 110 Stat. 1321.

### Source

Source: 57 FR 33866, July 31, 1992, unless otherwise noted. Duplicated from part 270 at 68 FR 9843, Feb. 28, 2003.

### Amendments

[57 FR 33866, July 31, 1992, as amended at 64 FR 47101, Aug. 30, 1999]