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Interim Final Rule Brings Steep I-9 Fine Increases

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On August 1, 2016, an Interim Final Rule (“IFR”) published by the U.S. Department of Justice (“DOJ”) went into effect. The IFR adjusts numerous civil monetary penalties due to inflation, including employer fines for Form I-9 violations. Prior to the IFR becoming effective, the I-9 fines for employers ranged from $110 to $1,100 per form. The new IFR brings steep increases, with the minimum fine increasing from $110 to $216 and the maximum fine increasing from $1,100 to $2,156.
Related to the I-9 fine increase, the IFR also increases the penalty for the unlawful employment of immigrant workers. The minimum fine has increased from $375 to $539, while the maximum fine has increased from $3,200 to $4,313. In addition, there is a new maximum penalty of $21,563 for employers facing multiple violations.
The IFR brings about significant changes regarding certain employment-related civil penalties for employers. To avoid these hefty fines, employers should take action immediately and review existing Forms I-9 and employment records for potential violations. Internal audits are recommended to discover and correct errors in advance of a government audit. This can help to greatly reduce fine amounts for employers post-audit.
Did you know that GoffWilson offers comprehensive Form I-9 audit services for companies of all sizes? Contact our office today for more information!
Filed under:E-Verify, Form I-9 Compliance, Immigration Law