Many companies are unaware of the fact that the Department of Homeland Security (DHS) recently increased fines for Form I-9 penalties, in accordance with annual inflation. These increased fines are effective for penalties assessed after June 17, 2020 for violations which occurred after November 2, 2015.
For substantive/uncorrected technical violations, the fines are as follows:
Minimum fine per individual has increased from $230 to $324
Maximum fine per individual has increased from $2,292 to $2,332
For knowing hire/continuing to employ violations, the fines are as follows:
First offense - fine range has increased from $573-$4,586 to $583-$4,667
Second offense - fine range has increased from $4,586 - $11,463 to $4,667 to $11,665
Third offense or higher - fine range has increased from $6,878 - $22,927 to $6,999 to $23,331
Substantive violations can include the following:
Failure to timely prepare the I-9 form (completion of Section 1 by 1st day of employment and completion of Section 2 by 3rd business day after commencement of employment)
Failure to timely present the I-9 form (within 3 business days of request)
Failure of employee to provide printed name in Section 1
Failure of the employee to sign Section 1
Failure of the employer to provide the document title, ID number, or expiration date of a List A document or a List B and List C document in Section 2
Failure to sign the attestation in Section 2
Failure to date Section 2
Failure to sign Section 3
Failure to date Section 3
Technical/procedural violations can include the following:
Failure of the employee to list maiden name, address, or birth date in Section 1
Failure of the employee to include A number if the box is checked in Section 1 indicating that he or she is “an alien authorized to work” in the US
Failure to ensure that the employee dates Section 1 at the time employment begins
Failure of the employer to provide the title, business name, and business address in Section 2
Failure to provide the date employment begins in Section 2
Please note that these lists of substantive and technical/procedural violations are non-exhaustive. There are many other errors that can occur. Accordingly, it is recommended that employers conduct a comprehensive review of their compliance programs, including performing an internal audit of its I-9 forms, but also review the company’s entire I-9 or E-Verify policies and procedures.
