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.