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HR News, Human Resources, Payroll

Breaking News: I-9 Penalties Increase Effective Immediately

Well, the fun just never ends. USCIS has announced increases to the penalties for errors made on completion of Form , along with penalties for many other infractions. One of the most common penalty types has nearly DOUBLED. Read on to see how this may affect your practices.

How comfortable are you with the accuracy of your I-9 form completion process? Hopefully, you feel super accurate. Do you know or suspect some of your I-9s are missing or were never completed? It’ll cost you!
Check out the new chart of penalties for Form I-9. The penalty for technical errors (blank spaces, unapproved abbreviations, invalid date format, etc) used to be  $110 per error with a maximum per I-9 of $1100. The new chart says this penalty alone has jumped to $216 per error with a max of $2156. Yep. Almost double!
Be sure to audit and correct your I-9s before ICE, IRS, DOL or OIG come in and spring an inspection that may cost your company a small fortune. Are you looking for a good I-9 audit checklist to guide you through this clean-up effort? Look no more. HelpDesk Compliance Tool-Kit for Payroll Professionals has a comprehensive I-9 compliance section along with many other tools and job aids that will help your organization BeAuditSecure!

Civil Fines and Criminal Penalties for Form I-9 and Immigration-Related Employment Discrimination Violations

Civil Violations First Offense Second Offense Third or Subsequent Offense
MINIMUM MAXIMUM MINIMUM MAXIMUM MINIMUM MAXIMUM
Knowingly hired, or to have knowingly recruited or referred for a fee, an unauthorized alien for employment in the United States or to have knowingly continued to employ an unauthorized alien in the United States $539 for each unauthorized alien $4,313 for each unauthorized alien $4,313 for each unauthorized alien $10,781 for each unauthorized alien $6,469 for each unauthorized alien $21,563 for each unauthorized alien
Failing to comply with Form I-9 employment verification requirements $216 for each form $2,156 for each form $216 for each form $2,156 for each form $216 for each form $2,156 for each form
Committing or participating in document fraud for satisfying a requirement or benefit of the employment verification process or the INA $445 for each document $3,563 for each document $3,563 for each document $8,908 for each document $3,563 for each document $8,908 for each document
Committing document abuse $178 per violation $1,782 per violation $178 per violation $1,782 per violation $178 per violation $1,782 per violation
Unlawful discrimination against an employment-authorized individual in hiring, firing, or recruitment or referral for a fee $445 per violation $3,563 per violation $3,563 per violation $8,908 per violation $5,345 per violation $17,816 per violation
Failing to notify DHS of a Final Nonconfirmation (FNC) of an employee’s employment eligibility $751 per violation $1,502per violation $751 per violation $1,502 per violation $751 per violation $1,502 per violation
Requiring an individual to post a bond or security or to pay an amount or otherwise to provide financial guarantee or indemnity against any potential liability arising under the employment verification requirements $2,156 for each bond the employee paid to the employer.
Refund the employee the full amount of the bond. If the employee cannot be found, this refund will go to the U.S. Department of Treasury.
Criminal Violations First Offense Second Offense Third Offense
Engaging in a pattern or practice of hiring, recruiting or referring for a fee unauthorized aliens Up to $3,000 for each unauthorized alien
Up to 6 months in prison for the entire pattern or practice

Until Next Time, Be Audit-Secure!

Lisa Smith

LKS
About LISA SMITH

Lisa Smith is CEO of Andere Development, LLC and Chief Content Developer at BeAuditSecure.com. Follow her on Twitter, connect with her on LinkedIn, listen to her Small Business Spoonfuls Podcast, and find more from her in Audit-Secure Authority at BeAuditSecure.com.

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