With the incoming Administration prioritizing the deportation of illegal immigrants, employers should prepare for a surge in I-9 audits and vigilant reporting enforcement as violations of the I-9 process and I-9 paperwork will be under higher scrutiny.
On June 28, 2024, DHS announced the following fine schedule:
I-9 paperwork violations: $281 to $2,789 per Form I-9
Knowingly employing unauthorized alien:
First Offense $698 to $5,579 per violation
Second Offense: $5,579 to $13,946 per violation
Third or Higher Offense: $8,369 to $27,894 per violation
• E-Verify Employers – Failure to inform DHS of continuing employment following final non-confirmation: $973 to $1,942 per relevant employee
These penalties are avoidable. Employers should conduct self-audits and ensure paperwork is in proper order. Conducting a self-audit of current Form I-9s is a critical first step toward ensuring compliance and mitigating risks. Proper training of onboarding staff to fill out Form I-9s and verify the required documentation is also essential.
Employers have several legal obligations and responsibilities for Form I-9 compliance. While not exhaustive, the following list illustrates the complexities and importance of proper Form I-9 compliance. Employers are required to:
complete Section 2 of the Form I-9 within three business days of the employee’s first day of employment;
examine original, unexpired documents presented by the employee that establish both identity and authorization to work in the United States;
retain completed Form I-9s for at least three years from the date of hire or one year after the termination of employment, whichever is later; and
for certain non-citizen employees, timely reverify employment authorization no later than when employment authorization expires.
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