Fines for I-9 and Other Immigration Violations Have Increased as of August 1, 2016

The U.S. Departments of Homeland Security (DHS), Labor (DOL) and Justice (DOJ) have increased the civil fines for employers that commit immigration-related offenses, such as unfair employment or discrimination practices, H-1B and H-2B program violations, and Form I-9 and E-VERIFY violations.  The new penalties, which went into effect on August 1, 2016, apply to violations that occurred after November 2, 2015. 

The largest increases in civil fines involve I-9 violations. The fines for I-9 paperwork violations (i.e., fines for mistakes or omissions on Form I-9) have increased by 96%, from $110-$1,100 per violation to $216-$2,156 per violation.  This increase is indicative of the government’s continued focus on demanding that employers comply with federal immigration laws, evidenced by the increased number of I-9 audits over the past five years. 

Accordingly, employers should ensure that they have an I-9 compliance policy in place and that they are regularly conducting self-audits of their I-9s.  In some circumstances, paperwork violations can be corrected once discovered during a self-audit.  Correcting Form I-9 prior to an audit demonstrates good faith and can help mitigate the severity of the I-9 violation fine.

Additional relevant fine increases include the following: