Employers can face stiff penalties for violating the employer sections of the Immigration and Nationality act which range from substantial fines up to debarment from conducting any business associated with a government contact. as well as simple paperwork violations even if all workers are authorized to work. Fines for hiring unauthorized workers will amount to anywhere from $275 to $5,500 per worker depending on the prior history of violation.

Paperwork violations can also result in significant fines. Each mistake or missing item on a form can result in a $300 penalty up to $3,000 for each form. A missing form would automatically be assessed at $1000. An employer, for example, that had 150 employees and did not complete I-9 Forms might face a $150,000 fine. Special Agents with the U.S. Immigration & Customs Enforcement Bureau have considerable discretion in assessing fines and will look at factors like the size of the company, the seriousness of the violations, whether the employer was trying to comply in good faith and the pattern of past violations.

Employers should also be cautioned that knowingly accepting fraudulent documents from employees is a different kind of violation that can be criminally prosecuted under other immigration laws.

Employers can minimize their chances of being in violation of the Employee Eligibility Verification Form requirements by undertaking several steps.

Let Clark & Associates help assist you in ensuring you don't fall in the group of violators. Call us today for a free consultation for HR I-9 Compliance and Training.