Understanding Increased Form I-9 Fines: A Guide for Employers

Compliance
Written By Alex Santos

An I-9 Form for employers & employees to complete.

In the ever-evolving landscape of compliance, staying informed about Form I-9 regulations is crucial for employers. The Department of Homeland Security (DHS) recently released updated fines for Form I-9 civil penalties, accounting for annual inflation. These new fines, effective for penalties assessed after February 12, 2024, impact violations occurring after November 2, 2015.

Here are the key adjustments:

  1. Paperwork Violation Fines:

    • The penalties now range from $281 to $2,789 (previously $272 to $2,701) per relevant individual.

  2. Unlawful Employment of Aliens:

    • First offense: Increased from $676 – $5,404 to $698 – $5,579 per unauthorized alien.

    • Second offense: Increased from $5,404 – $13,508 to $5,579 – $13,946 per such alien.

    • Third offense: Increased from $8,106 – $27,018 to $8,369 – $27,894 per such alien.

  3. Failure to Notify of Final Non-confirmation:

    • The violation relating to an employer’s failure to notify of Final Non-confirmation of employee’s employment eligibility has increased from $942 – $1,881 to $973 – $1,942 per relevant individual.

  4. Unfair Immigration-Related Employment Practices:

    • First order: Increased from $557 – $4,465 to $575 – $4,610 per discriminated individual.

    • Third and subsequent offense: Increased to $6,913 – $23,048.

  5. Unfair Documentary Practice:

    • Fines increased to $230 – $2,304 per individual discriminated against.

  6. Document Fraud:

    • Penalty varies from $575 – $11,524 per document, depending on whether it’s a first or subsequent offense.

Remember, errors in Form I-9 completion can be costly. For example, an employer with 1,000 I-9s and a 65% error rate could face a potential fine of over $1.8 million. To avoid penalties, prioritize accurate I-9 administration and compliance.

By understanding these adjustments and implementing best practices, employers can protect their businesses and maintain compliance with immigration regulations.

Alex Santos
As Managing Member of Collabor8 Learning, my role is to build and execute learning and development strategies for organizations seeking to improve the return they are getting from their training programs. We focus on four core areas: performance analysis, instructional design, e-learning development, and learning management. As a hybrid HR/instructional design consultancy, Collabor8 Learning partners with your team to leverage today's training technologies to increase the productivity of your people. I am a senior human resources and training executive with over 17 years of progressive experience. My work in private industry has focused heavily on the development of learning and development systems that transform employee performance from ordinary, to remarkable. I accomplish this by combining organizational development strategies and tactics to blended learning programs with line of sight alignment to clearly defined performance goals. Additionally, I launched Miami Payroll Center in conjunction with my brother and sister-in-law in 2004 to meet the payroll needs of small to mid-size organizations. Our consultative approach to guiding new entrepreneurs as well as more seasoned business owners in alleviating the pain of payroll processing has created a very successful and growing payroll processor in the market. Specialties: Instructional Systems Design, E-Learning, Learning Management Systems, Payroll, Organizational Development, Employee engagement, HR Strategic Planning, Talent Acquisition & Management, Leadership Development, Coaching & Mentoring, Employment Branding Proposition & Positioning, Workforce Planning, Performance Management, and Leadership Development.
https://www.bynimble.com
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