Employers have responsibilities they must adhere to during the hiring process as it relates to the Form I-9. All U.S. employers must complete the Form I-9 for each individual they hire for employment in the United States; which includes both U.S. citizens and non-citizens.
Both the employee and employer must complete the form. The employee must attest to his or her employment authorization as well as present the employer with acceptable documents establishing both identity and employment authorization. The employer must examine the original/unexpired employment eligibility and identity document(s) an employee presents and then determine whether the document(s) appear to be genuine and to relate to the employee. Employers must retain the Form I-9 for a designated period and make it available for inspection by authorized government officers. Failure to adhere to these practices will result in penalties and fines, and sometimes even result in criminal charges.
In early 2020 a Texas construction company was fined $3 million dollars for their plan to hire undocumented workers while other companies were fined based solely on mistakes made on the Form I-9 itself.
The Department of Homeland Security announced that Form I-9 fines will be increasing in 2020. All new fines will be effective for penalties calculated after June 17,2020 for associated violations which occurred after November 2, 2015.
The new fines are reported below: