By David Gabor, Katherine Brustowicz, Virginia Peabody and Craig White
With the incoming Administration prioritizing the deportation of illegal immigrants, employers across the country are preparing for a surge in I-9 audits and vigilant reporting enforcement as violations of the I-9 process and paperwork will soon be under higher scrutiny.
On June 28, 2024, DHS announced the following fine schedule:
- I-9 paperwork violations: $281 to $2,789 per Form I-9
- Knowingly employing unauthorized alien:
- First Offense $698 to $5,579 per violation
- Second Offense: $5,579 to $13,946 per violation
- Third or Higher Offense: $8,369 to $27,894 per violation
- E-Verify Employers – Failure to inform DHS of continuing employment following final non-confirmation: $973 to $1,942 per relevant employee
These steep penalties are avoidable. Now is the perfect time for employers to conduct self-audits and ensure paperwork is in proper order. Conducting a self-audit of current Form I-9s is a critical first step toward ensuring compliance and mitigating risks. Proper training of on-boarding staff in how to fill out Form I-9s and verify required documentation is essential.
Employers have several legal obligations and responsibilities for Form I-9 compliance. The following list, while not exhaustive, illustrates the complexities and importance of proper Form I-9 compliance. As of the publication of this newsletter, employers are required to:
- complete Section 2 of the Form I-9 within three business days of the employee’s first day of employment;
- examine original, unexpired documents presented by the employee that establish both identity and authorization to work in the United States;
- retain completed Form I-9s for at least three years from the date of hire or one year after the termination of employment, whichever is later; and
- in the case of certain non-citizen employees, timely reverify employment authorization no later than the date on which employment authorization expires.
If you have questions about Form I-9 compliance, reporting or recordkeeping requirements, please contact David Gabor or Katherine Brustowicz of The Wagner Law Group’s Employment Law and Human Resources practice. For more information, please visit our website at www.wagnerlawgroup.com.