ComplyRightComplyRightComplyRightComplyRight
  • RESOURCES
    • Knowledge Center
      • Tip Sheets
      • E-Guides
      • Podcasts
      • Infographics
      • Videos
    • Webinars
      • Upcoming
      • On Demand
    • Research and Trends
      • Compliance Survey
      • Trend Surveys
      • Minimum Wage Monitor
    • HR 101 Courses

      HR 101 Courses
      Learn More
  • TOPICS
    • I want to learn about:
      • Hiring an Employee
      • Creating Policies
      • Paying Employees
      • Discrimination & Harassment
    • Column 2
      • Employment Law
      • Labor Law Postings
      • Employee Leave
      • Employee Recordkeeping
    • Category 3
      • Independent Contractors
      • Tax Reporting
      • Improving Employee Performance
      • Firing an Employee
    • Would Your Workplace Practices Hold Up in an EEOC Investigation?

      EEOC Investigation
      Read More
  • SOLUTIONS
    • Employee Management
      • Hiring
      • Time and Attendance
      • Training and Safety
      • Recordkeeping
      • Employee Policies
    • Labor Law Posters
      • Poster Guard® Service
      • ComplyRight Posters
      • Electronic Posters
      • Employee Handouts
      • Partner Solutions
    • Tax Information Reporting
      • DIY Filing Solutions
      • Processing Services
      • Partner Solutions
    • Featured Solution

      Poster Guard Compliance Protection
      Learn More
  • ABOUT
    • Who is ComplyRight
      • Mission
      • Core Values
      • Leaders
      • Newsroom
      • Contact
    • Careers
      • Culture
      • Benefits and Perks
    • Brands
      • HRdirect
      • HRdirect Smart Apps
      • Poster Guard
      • eFile4Biz
    • Join Our Team

      Join Our Team
      Learn More
  • SUBSCRIBE

Compliance Alert: Rising Fines for Immigration Violations Require Careful Hiring and I-9 Procedures

Published on August 19, 2016
  • Hiring
  • Form I-9
  • Immigration

The penalty for hiring illegal immigrants is now even more serious for U.S. businesses.

Under the Immigration Reform and Control Act of 1986 (IRCA), it is unlawful to hire or continue to employ a person who isn‘t authorized to work in the United States. As part of the federal requirements, you must complete a Form I-9 for all new employees to verify employment eligibility. Failure to comply with these rules has always carried the risk of civil monetary fines, but now, the amount of these fines is higher than ever.

On June 30, 2016, the U.S. Department of Justice (DOJ) published a final rule to increase the fines for various immigration violations — from a 35 percent to 96 percent spike. The increases, adjusted for inflation, will take effect August 1, 2016.

The penalty for hiring illegal immigrants is now even more serious for U.S. businesses.

In light of this recent development, you need to make every effort to prevent unlawful employment of foreign nationals, Form I-9 paperwork mistakes and employment-related discrimination based on a person’s national origin or citizenship status.

Otherwise, you could incur the following penalties:

  • Unlawful employment of a foreign national – from a minimum of $539 (previously $375) and maximum of $4,313 (from $3,200) for the first violation, up to a minimum of $6,469 (previously $4,300) and maximum of $21,563 (from $16,000) for repeat offenses New penalty: Low of $539 to high of $21,563
  • Form I-9 paperwork mistakes – from a minimum of $216 (previously $110) to maximum of $2,156 (from $1,100), per individual New I-9 penalty: Low of $216 to high of $2,156
  • Unfair immigration-related employment practices, including hiring and firing – from a minimum of $445 (previously $375) and maximum of $3,563 (from $3,200) for the first violation, up to a minimum of $5,345 (previously $4,300) and a maximum of $17,816 (from $16,000) for repeat offenses New penalty: Low of $445 to high of $17,816

How to Prevent Damaging Immigration Fines

With the federal government cracking down on illegal workers, it‘s essential that you do everything possible to hire legally and properly complete the Form I-9.

You should:

  1. Educate managers on IRCA requirements and risks
    Make sure everyone involved in your company‘s hiring process is aware of the IRCA rule that makes it unlawful to hire a foreign national without U.S. work authorization. Completing the mandatory Form I-9 is a critical step in this process.
  2. Fill out the Form I-9 completely and accurately
    To meet all government requirements, you need to verify the identity and employment authorization of each new employee. In addition to reviewing certain documents, you must follow a strict timeline. Newly hired employees must complete and sign Section 1 on the first day of employment, and Section 2 should be completed within 3 business days of the first day of employment.Using an error-proof template with your I-9s can help identify possible mistakes so you can be certain you‘re verifying employee work eligibility within the letter of the law. And it can help protect you from I-9 fines.
  3. Follow best practices to avoid illegal immigration-related employment decisions
    Since it‘s illegal to discriminate against an employee based on national origin or status as a U.S, citizen, it‘s wise to review your various workplace procedures. Take a close look at your application, interview and selection process, stay current on the latest legal issues, and make any updates necessary to avoid a workplace ICE audit. ICE stands for Immigration and Customs Enforcement.

SA I-9 and W-4 | Hiring

HRdirect SmartApps I-9 and W-4

Related Content

  • discriminatory job postings
    New Supreme Court Rulings Call for a Careful Review of Potentially Discriminatory Job Postings
    June 30, 2020

    Creating a job listing is one of the first steps in any hiring process. Done well, this posting will highlight … Read more

    Hiring

    Discrimination

  • How to Avoid Accidential Discriminationplay-button
    How to Avoid Accidental Discrimination When Hiring
    February 2020

    With businesses scrambling to hire qualified workers, it’s more important than ever to ensure you’re supporting fair and diverse employment, … Read more

    Hiring

    Discrimination

  • From Hiring to Team-Building: How to Maximize a Diverse, Multigenerational Workforce
    From Hiring to Team-Building: How to Maximize a Diverse, Multigenerational Workforce
    August 5, 2019

    A unique dynamic is emerging across workplaces across the U.S. For the first time ever, many businesses now include a … Read more

    Hiring

    Discrimination

  • The State of Employment Law: How to Comply with Trending Hiring Laws
    April 2019

    During our post-webinar Q&A session, Jaime Lizotte, HR Solutions Manager and Shanna Wall, Esq., Compliance Attorney, will cover the major … Read more

    Hiring

    Ban the Box

    Interviews

  • play-button
    The State of Employment Law: How to Comply with Trending Hiring Laws
    April 2019

    The second in our two-part series, this presentation offers valuable insights on the state of employment law today. This time, … Read more

    Hiring

    Ban the Box

    Interviews

  • Don’t Leave Them Hanging: How to Close the Loop with Job Candidates You’re Not Hiring
    Don’t Leave Them Hanging: How to Close the Loop with Job Candidates You’re Not Hiring
    February 21, 2019

    After screening multiple resumes and interviewing a handful of candidates, you’ve narrowed down your next new hire. Reaching out to … Read more

    Hiring

    Interviews

    Job Applications

  • Trend Survey: Hiring Practices
    Trend Survey: Hiring Practices
    January 2019

    Learn about small business employers hiring plans for 2019 and see how you compare.​ The trend survey was emailed to … Read more

    Hiring

  • Are You Taking the Right Steps to Accommodate Job Candidates with Disabilities?
    Are You Taking the Right Steps to Accommodate Job Candidates with Disabilities?
    October 18, 2018

    October is National Disability Employment Awareness Month – a time to celebrate the skills, talents and contributions of workers with disabilities, as … Read more

    Hiring

    Job Applications

Newsletter Subscribe

Get the latest news and free resources from ComplyRight delivered straight to your inbox.

Thank You

You've just unlocked a wealth of FREE resources to build HR confidence.

ComplyRight provides free educational resources related to employee management, labor law and compliance. Better understand HR basics and learn how to address specific issues by browsing our knowledge center.

Please enter a valid email address.

Thank you. We already have your email address on file.

An error occurred while processing your request. Please try again.

Upcoming Webinar

Webinar Name

Date & Time

Presented by:

Learn More
Shop Our Brands 
HRdirect
HRdirect Smart Apps
Poster Guard
Formstax eFile4Biz

At ComplyRight, our mission is to free employers from the burden of tracking and complying with the complex web of federal, state and local employment laws, so they can stay focused on managing and growing their businesses.

©2020 ComplyRight, Inc.

Resources

  • Knowledge Center
  • Webinars
  • Research and Trends
  • Courses

Solutions

  • Employee Management
  • Labor Law Posters
  • Tax Information Reporting

About

  • Who is ComplyRight
  • Careers
  • Newsroom
  • Brands

Legal

  • Privacy Policy
  • Terms of Use

Popular Topics

Performance Policies Employee Leave Discrimination and Harassment Employment Law HiringLabor Law PostingsIndependent Contractors

Subscribe to Our Newsletter

Subscribe

Follow Us

  • RESOURCES
    • Knowledge Center
      • Tip Sheets
      • E-Guides
      • Podcasts
      • Infographics
      • Videos
    • Webinars
      • Upcoming
      • On Demand Webinars
    • Research and Trends
      • Compliance Survey
      • Trend Surveys
      • Minimum Wage Monitor
    • HR 101 Courses
  • TOPICS
    • Hiring an Employee
    • Creating Policies
    • Paying Employees
    • Discrimination & Harassment
    • Employment Law
    • Labor Law Postings
    • Employee Leave
    • Employee Recordkeeping
    • Independent Contractors
    • Tax Reporting
    • Improving Employee Performance
    • Firing an Employee
  • SOLUTIONS
    • Employee Management
      • Hiring
      • Time and Attendance
      • Training and Safety
      • Recordkeeping
      • Employee Policies
    • Labor Law Posters
      • ComplyRight Posters
      • Poster Guard®
      • Partner Solutions
    • Tax Information Reporting
      • DIY Filling Solutions
      • Processing Services
      • Partner Solutions
  • ABOUT
    • Who is ComplyRight
    • Newsroom
    • Careers
    • Brands
    • Contact Us
  • SUBSCRIBE
ComplyRight