What are the penalties for Form I-9 deficiencies?
Employers who fail to properly complete, retain, and/or present I-9 Forms for inspection as required by law may be subject to a civil penalty for violations occurring on or after September 29, 1999 from $110-$1,100 per employee whose Form I-9 is not properly completed, retained, and/or presented. For Form I-9 violations occurring before September 29, 1999, civil penalties range from $100-$1,000. Unlike the substantive violations of “knowingly hiring” or “knowingly continuing to employ”, paperwork violations do not increase for repeat offenses. On the other hand, an employer that entirely ignores the Form I-9 process could be subject to pattern or practice liability, which might result in a fine of up to $10,000 and/or a six-month prison sentence. Although the Department of Homeland Security (DHS) proposes a penalty by issuing a Notice of Intent to Fine, the employer has the right to a hearing before an Administrative Law Judge (ALJ), who ultimately sets the penalty. The ALJ may ignore
