Knowingly employing unauthorized
alien (third or more offenses): $6,469 – $21,563 per
E-verify employers – failure to
inform DHS of continuing employment following final
nonconfirmation: $751 – $1,502 per violation
The DOJ also increased the penalties for document abuse and
discriminatory practices in addressing I-9 issues. Document abuse
usually occurs when an employer asks for specific documents
or for more or different documents after the
employee has already presented qualifying I-9 documents. This
violates the I-9 rules, which require that the employer allow the
employee to choose which document or documents to present from the
I-9 List of Acceptable Documents. The employer then must review
what is presented to confirm whether the document or documents meet
the verification requirements.
Unfair immigration-related employment practices may occur when
an employer treats job applicants and/or new hires differently
based upon their immigration status while implementing I-9
procedures or addressing I-9 issues.
Penalties for document abuse and unfair immigration-related
employment practices are now as follows:
Document abuse: $178 – $1,782
Unfair immigration-related employment
practices (first offense): $445 –$3,563 per violation
Unfair immigration-related employment
practices (third or more offenses): $5,345 – $17,816 per
These new fine levels are effective as of August 1, 2016. During
I-9 inspections, DHS's Immigration and Customs Enforcement and
DOJ's Office of Special Counsel will apply these new penalties
to violations that occurred after November 2, 2015. The increased
penalties are a reminder of why I-9 compliance is so important.
Employers should review their I-9 procedures and conduct periodic
internal audits to best defend against the risk of I-9 penalties.
For additional tips to achieve better I-9 compliance, as well
as for updates on the government's enforcement activities, please see our prior
As to DHS's announcement of yet another version
of the I-9 form, there have been more than 10 different versions in the nearly 30 years
during which the I-9 has been required. DHS expects to issue the
newest version of the Form I-9 on or before November 22,
2016. DHS will allow employers to continue using the current
version (issued in 2013) through January 21, 2017.
Employers should use this two-month period to review and gain an
understanding of the new Form I-9 before transitioning to it. We
will provide a further update when DHS issues the new Form I-9.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
As OSHA's enforcement relating to employee cell phone use gains more notoriety, it can be expected that it will have a significant collateral impact on law enforcement at all levels to address this hazard.
Seyfarth Synopsis: Employers in California: be aware and prepare for new laws increasing minimum wages and mandating overtime pay for agricultural employees; expanding the California Fair Pay Act to race and ethnicity and to address prior salary consideration; imposing new restrictions on background checks and gig economy workers; and more. Small employers will be relieved the Governor vetoed expanded unpaid parental leave, but it will likely return in future sessions.
A federal district court in Massachusetts has held that the shareholders and officers of a double-breasted construction company can be indicted and could go to prison for fraudulently misrepresenting their business...
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).