Breaking News:
Employers Face Higher Risk of Fines for Missing or Improper I-9 Forms Amid Increased Enforcement
The United States Department of Homeland Security (DHS) recently announced that it will impose higher fines against employers that fail to comply with the complex rules governing form I-9. Furthermore, in just a few months, employers may be at a greater risk of receiving a government I-9 inspection.
HR Departments report confusion Amid Increased I-9 Form Enforcement
Joining us today is John Donofrio with I-9 Insights. I-9 Insights specializes in I-9 audits for businesses and assuring our clients have their I-9s filled out properly and are in full compliance for all of their employees.
Form I-9 is used to verify the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must properly complete Form I-9 for every individual they hire for employment in the United States. This includes United States citizens, lawful permanent residents and aliens. Both employees and employers (or authorized representatives of the employer) must complete the form.
Employers who do not have the proper I9s on file now risk an increased chance of penalties and fines. There is a new administration in Washington, D.C. in 2025, Immigration and Customs Enforcement or (ICE), a division of the DHS, will most likely be returning its focus to worksite enforcement, including more I-9 inspections.
The United States Department of Homeland Security (DHS) recently announced that it will impose higher fines against employers that fail to comply with the complex rules governing form I-9. Furthermore, in just a few months, employers may be at a greater risk of receiving a government I-9 inspection.
Severe Penelties for Violations:
The new penalty fees as of last year are as follows and are subject to change.
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I-9 Paperwork Violations: $281 to $2,789 per Form I-9.
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Knowingly Employing Unauthorized Alien (First Offense): $698 to $5,579 per violation.
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Knowingly Employing Unauthorized Alien (Second Offense): $5,579 to $13,946 per violation.
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Knowingly Employing Unauthorized Alien (Third or More Offense): $8,369 to $27,894 per violation.
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E-Verify Employers – Failure to Inform DHS of Continuing Employment Following Final Nonconfirmation: $973 to $1,942 per relevant individual employee.
Earlier in 2024, the United States Department of Justice increased the penalties for document abuse and discriminatory practices in addressing I-9 issues. Document abuse usually occurs when an employer asks for specific documents or for more or different documents after the employee already has presented qualifying I-9 documents. The I-9 rules require that the employer allow the employee to choose which document or documents to present from the “I-9 List of Acceptable Documents.” The employer then must review what is presented to confirm whether the document or documents meet the verification requirements. Unfair immigration-related employment practices may occur when an employer treats job applicants and/or new hires differently based upon their immigration status while implementing I-9 procedures or addressing I-9 issues.
Under the DOJ’s new schedule, fines for document abuse and unfair-immigration related employment practices are as follows:
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Document Abuse: $230 to $2,304 per violation
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Unfair Immigration-Related Employment Practices (First Offense): $575 to $4,610 per individual against whom the employer is found to have discriminated
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Unfair Immigration-Related Employment Practices (Second Offense): $4,610 to $11,524 per individual against whom the employer is found to have discriminated
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Unfair Immigration-Related Employment Practices (Third or More Offense): $6,913 to $23,048 per individual against whom the employer is found to have discriminated.
Employers should make I-9 compliance an important part of normal business operations. The I-9 function is a substantive task. Do not treat it as a simple clerical task. Also, Do not become complacent if using an electronic I-9 software. As ICE and the DOJ have reminded employers, I-9 software does not provide a safe harbor. These federal agencies have fined several employers for using flawed I-9 software or for failing to complete the I-9s properly, even though these employers were relying on electronic I-9 software. Finally, the I-9 compliance efforts should commence well before ICE arrives with the Notice of Inspection.
Assistance Available for employers of all sizes:
With over 25 years of federal worksite enforcement experience we hope you will trust I-9 Insights to handle all of your I-9 and worksite enforcement needs.
Please call us at 1-877-255-1919 for a free consultation and evaluation. We look forward to helping you. Thank you.
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