Penalty for Not Filing I-9

December 5, 2019   |   by Editor

The I-9, Employment Eligibility Verification Form is a mandatory USCIS issued a work-related form that every newly hired in the country has to complete and submit to their employers. Just as it sounds, it verifies the legal authorization of the employee’s to work in the United States. Regardless of your citizenship status, whether you be a citizen or an immigrant worker on a short-term visa, you must complete the form.

So the federal law makes the completion of I-9 mandatory for every worker in the country regardless of their citizenship status. Since this is a critical work-related form, if a newly hired employee doesn’t complete it, the employer can stop the hiring process and should let the ICE Police know about this.

The businesses, on the other hand, are highly likely to face penalties even if a single worker’s I-9 is missing in the personnel files. According to ICE.gov, the penalties for knowingly hiring and continuing to employ violations start from $573 per violation and this penalty can go up to $20,130. Again, it is per violation.

Although the business isn’t likely to face $20,000 in penalties for a missing I-9, this can be a very different scenario if the worker is an undocumented immigrant. If the business owner or the management knows about this but doesn’t end the immigrant’s relationship with the work, the ICE will definitely not tolerate this.

Penalty for not having an I-9

  • $230 $2,320 per violation

Here is the complete list of fine amounts to knowing hire and continuing to employ violations.

First Tier

  • 0% – 9%: $573
  • 10% – 19%: $1,192
  • 20% – 29%: $1,834
  • 30% – 39%: $2,522
  • 40% – 49%: $3,210
  • 50% +: $3,898

Second Tier

  • 0% – 9%: $4,586
  • 10% – 19%: $6,614
  • 20% – 29%: $7,566
  • 30% – 39%: $8,551
  • 40% – 49%: $9,514
  • 50% +: $10,489

Third Tier

  • 0% – 9%: $6,878
  • 10% – 19%: $8,942
  • 20% – 29%: $11,693
  • 30% – 39%: $14,444
  • 40% – 49%: $17,333
  • 50% +: $20,130

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