Form I-9 Verification Violations: How are the Penalties Determined?
Giselle Carson Sep 23, 2021 in I-9 and E-Verify
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:
- 6 of the Top I-9 Mistakes That Employers Make
- An Employee’s Green Card Is Expiring — Do You Need to Reverify It?
- Form I-9: How, When and By Whom Does It Need to Be Completed
- What Retention Requirements Exist for the Form I-9?
- Is Pre-Population of Section 1 Permitted for the Form I-9?
- Can Physical Examination and Attestation Be Delegated to Others for Remote Hires?
- An Internal Audit Uncovered Problems with a Form I-9 — What Should an Employer Do?
- If an Employer Is Found to Have I-9 Violations, What Fines Might They Face?
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.Share