This firm continues to monitoring the status of executive actions and will publish updates on federal immigration issues.
On July 17, 2017 the United States Citizenship and Immigration Services (USCIS) released an updated I-9 form. Employers will need to adapt to the change and use the new form by no later than September 18, 2017 or face the possibility of large fines.
Just last year, Immigration and Customs Enforcement (ICE) announced increases in fines for Form I-9 violations to account for inflation. Increases are retroactive to cover any violations that took place after November 2, 2015.
These increases are for:
- Simple Form I-9 violations: The minimum fine has increased from $110 to $216 per Form I-9 violation, while the maximum fine increases from $1,100 to $2,156 per Form I-9 violation. Fines for second and third offenses have also increased to a similar degree.
- Unlawful Employment of Unauthorized Workers: For the first offense, the minimum fine has increased from $375 to $539, while the maximum fine increased from $3,200 to $4,313 per worker (fines for second and third offenses also increased).
- Unfair Immigration-Related Employment Practices: The minimum penalty has increased from $375 to $445, while the maximum penalty increased from $3,200 to $3,563 per charge. Repeat offenders now face a new maximum penalty of $21,563.
On September 18, 2017, all employers will be required to use the revised form, so it makes sense to avoid any delay and begin use of the new version immediately.