In the event of an INS
audit of an employer’s I-9 forms, a failure to comply
with federal law can result in fines. If there are repeated
violations, criminal penalties may be imposed. Fines can be
levied for a number of reasons. The following are the different
basis under which a fine may be incurred and its associated
cost.
Penalties for hiring or continuing to hire individuals
who do not have proper work authorization
First offense: not less than $250 and not more
than $2,00 for each unauthorized alien;
Second offense: not less
than $2,000 and not more than $5,000 for each unauthorized alien;
or
Subsequent offenses: Not
less than $3,000 and not more than $10,000 for each unauthorized
alien.
Penalties for paperwork violations.
This can include failure to properly complete and retain
the forms.
Employer face penalties of not less than $100
and not more than $1,000 for each employee for whom an I-9 form
was not properly completed or retained.
Penalties for knowingly hiring or continuing
to employ unauthorized aliens.
Employers who engage in patterns of knowingly
hiring unauthorized aliens or continuing to employ aliens knowing
that they are or have become unauthorized to work may face fines
of up to $3,000 per employee.
Employer also face possible criminal penalties
of six months in jail.
Penalties for unlawful discrimination
against individuals who do have authorization to work.
First offense: Not less than $250 and nor more
than $2,000 for each individual discriminated against;
Second offense: Not less than $2,000 and not
more than $5,000 for each individual discriminated against;
Subsequent offenses: Not less than $3,000 and not
more than $10,00 for each individual discriminated against;
Penalties for requesting more or different documents
establishing work authorization
Not less than $100 and not more than $1,000 for
each individual discriminated against.
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