Well, the fun just never ends. USCIS has announced increases to the penalties for errors made on completion of Form I-9, 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 I-9 practices.
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|
|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!