Form I-9 Verification Violations: How are the Penalties Determined?

This is the ninth post in a series promoting the publication of my new book: I-9 Employment Verification eGuide: A Practical and Time-Saving Resource for HR Professionals. This free guide helps HR professionals navigate all the details of the I-9 verification process.

These blog posts have been covering the first chapter of the book, “Top 10 Questions from Employers About I-9s.” So far, I have posted on:

In this post, I will explain how penalties are determined for Form I-9 verification violations.

What to Expect After a Form I-9 Violation Is Discovered

You might worry about the civil fines coming your way when violations are uncovered. This makes sense, because Form I-9 fines can be steep — and they are not a flat fee. 

How will yours be evaluated?

ICE gauges penalties based on a multitude of factors. Keep in mind that, depending on how your company handled those factors, they can play a mitigating role as well.

Primary Considerations for Form I-9 Penalties

 Factors that will be considered in your fine evaluation include (but are not limited to):

  • The degree of control you could exercise over the Form I-9 process
  • Your business’s size
  • Good faith compliance 
  • Violation seriousness
  • The employee’s work status – authorized or unauthorized?
  • Your past violations – and their history, if present

Next week, we will go over the tenth and final topic from Chapter 1: What proactive steps can employers take to lessen the likelihood of an investigation or fines?

Download my new eGuide now to get a thorough overview of the entire I-9 verification process.