Civil Fines and Criminal Penalties for Form I-9 Violations [1]
Submitted by Chief Editor on
Employers [2] have certain responsibilities under immigration law during the hiring process. The employer sanctions provisions, found in section 274A [3]of the Immigration and Nationality Act (INA) [4], were added by the Immigration Reform and Control Act of 1986 (IRCA) [5]. These provisions further changed with the passage of the Immigration Act of 1990 [6]and the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996.
Employers must:
- Verify the identity and employment authorization of each person hired after Nov. 6, 1986. For employment in the Commonwealth of the Mariana Islands (CNMI) [7], this verification requirement applies to persons hired after Nov. 27, 2009.
- Complete and retain a Form I-9 [8]for each employee required to complete the form.
Employers must not:
- Discriminate [9] against individuals on the basis of national origin, citizenship, or immigration status.
- Hire [10], recruit for a fee, or refer for a fee aliens he or she knows to be unauthorized to work in the United States.
Employers who violate the law may be subject to
- civil fines
- criminal penalties (when there is a pattern or practice of violations)
- debarment from government contracts
- a court order requiring the payment of back pay to the individual discriminated against
- a court order requiring the employer to hire the individual discriminated against
Civil Fines and Criminal Penalties for Form I-9 Violations
| Civil Violations | First Offense | Second Offense | Third Offense | |||
| Minimum | Maximum | Minimum | Maximum | Minimum | Maximum | |
|
Hiring or continuing to employ a person, or recruiting or referring for a fee, knowing that the person is not authorized to work in the United States. |
$375 for each worker. | $3,200 for each worker. | $3,200 for each worker. | $6,500 for each worker. | $4,300 for each worker. | $16,000 for each worker. |
| Failing to comply with Form I-9 requirements. | $110 for each form. | $1,100 for each form. | $110 for each form. | $1,100 for each form. | $110 for each form. | $1,100 for each form. |
| Committing or participating in document fraud. | $375 for each worker. | $3,200 for each worker. | $3,200 for each worker. | $6,500 for each worker. | $3,200 for each worker. | $6,500 for each worker. |
| Committing document abuse. | $110 per violation. | $1,100 per violation. | $110 per violation. | $1,100 per violation. | $110 per violation. | $1,100 per violation. |
| Unlawful discrimination against an employment-authorized individual in hiring, firing, or recruitment or referral for a fee. | $375 per violation. | $3,200 per violation. | $3,200 per violation. | $6,500 per violation. | $4,300 per violation. | $16,000 per violation. |
| Asking an employee for money guaranteeing that the employee is authorized to work in the United States, also called an indemnity bond. |
|
|||||
| Criminal Violations | First Offense | Second Offense | Third Offense | |||
| Engaging in a pattern or practice of hiring, recruiting or referring for a fee unauthorized aliens. |
|
|
|
|||
Agency:
USCIS [11]
Profession/Occupation:
Employers and HR [12]
Immigration Law :
Forms [13]