DOJ Significantly Increases Fines for Form I-9 Violations

Written By ESR News Blog Editor Thomas Ahearn

On June 30, 2016, the U.S. Department of Justice (DOJ) published a Final Rule in the Federal Register that will significantly increase fines for Form I-9 violations that include incorrect Form I-9 paperwork, unlawful employment of unauthorized workers, and unfair immigration-related employment practices.

The “Civil Monetary Penalties Inflation Adjustment” Final Rule – which takes effect August 1, 2016 – increases fines for errors on the Employment Eligibility Verification, Form I-9 that newly hired workers must complete to ensure that they are legally eligible to work in the United States in the following way:

• Form I-9 Paperwork Violations: For the first offense, the minimum fine will increase from $110 to $216 per Form I-9 violation while the maximum fine will increase from $1,100 to $2,156 per Form I-9 violation. Fines for second and third offenses will also increase.
• Unlawful Employment of Unauthorized Workers: For the first offense, the minimum fine will increase from $375 to $539 while the maximum fine will increase from $3,200 to $4,313 per worker. Fines for second and third offenses will also increase.
• Unfair Immigration-Related Employment Practices: The minimum penalty will increase from $375 to $445 while the maximum penalty will increase from $3,200 to $3,563 per charge. Repeat offenders will face a new maximum penalty of $21,563.

While Rule takes effect on August 1, 2016, the increase to Form I-9 fines will apply to violations that took place after November 2, 2015. The DOJ Final Rule is available at: www.federalregister.gov/articles/2016/06/30/2016-15528/civil-monetary-penalties-inflation-adjustment.

With the significant increases in fines for Form I-9 violations, employers would be wise to conduct an audit of their Form I-9 compliance practices to make certain they are properly completing the Form I-9 process and have appropriate Form I-9 policies and employment eligibility verification procedures.

ESR Helps Employers with Form I-9 Compliance

Employment Screening Resources® (ESR) – a leading global provider of fast, accurate, affordable, and compliant background checks – is also a Designated E-Verify Employer Agent that helps businesses with Form I-9 compliance. For more information, please call 888.999.4474 or visit www.esrcheck.com.

NOTE: Employment Screening Resources® (ESR) does not provide or offer legal services or legal advice of any kind or nature. Any information on this website is for educational purposes only.

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