[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR274a.8]

[Page 677]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
PART 274a--CONTROL OF EMPLOYMENT OF ALIENS--Table of Contents
 
                    Subpart A--Employer Requirements
 
Sec. 274a.8  Prohibition of indemnity bonds.

    (a) General. It is unlawful for a person or other entity, in hiring 
or recruiting or referring for a fee for employment of an individual, to 
require the individual to post a bond or security, to pay or agree to 
pay an amount, or otherwise to provide a financial guarantee or 
indemnity, against any potential liability arising under this part 
relating to such hiring, recruiting, or referring of the individual. 
However, this prohibition does not apply to performance clauses which 
are stipulated by agreement between contracting parties.
    (b) Penalty. Any person or other entity who requires any individual 
to post a bond or security as stated in this section shall, after notice 
and opportunity for an administrative hearing in accordance with section 
274A(e)(3)(B) of the Act, be subject to a civil monetary penalty of 
$1,000 for each violation before September 29, 1999, and $1,100 for each 
violation occurring on or after September 29, 1999, and to an 
administrative order requiring the return to the individual of any 
amounts received in violation of this section or, if the individual 
cannot be located, to the general fund of the Treasury.

[52 FR 16221, May 1, 1987, as amended at 64 FR 47101, Aug. 30, 1999]