DOJ Increases Form I-9 Fines

The U.S. Department of Justice has published a final rule that significantly raises fines for errors on the Employment Eligibility Verification Form I-9.
Newly hired workers must fill out Form I-9 to confirm that they are legally eligible to work in the U.S.
The following fines are now in effect:

• Paperwork violations: doubled from a range of $110–$1,100 to $216–$2,156.
• Employment of unauthorized workers: raised from a range of $375–$3,200 to $539–$4,313, with a new maximum penalty for repeat offenders of $21,563 per worker.
• Unfair immigration-related employment practices: raised from a range of $375–$3,200 to $445–$3,563; repeat offenders could face a new maximum penalty of $21,563 per worker.

“Even though compliance standards have not changed, this increase in fines is a good reason for employers to review their Form I-9 documentation procedures and practices, including the legal status of all workers whose immigration status might be challenged,” says CBIA HR Council Mark Soycher.
“The U.S. Citizenship and Immigration Services website has extensive guidance materials; a good starting point is aptly titled I-9 Central. Or, call CBIA’s HR Hotline for help in finding needed resources.”
The new fine amounts apply to violations that occurred after Nov. 2, 2015.
Read the DOJ Final Rule, which includes more details on increases to monetary penalties for noncompliance.