The Department of Justice has announced increases in immigration-related fines for violations of U.S. employment laws. On June 30, the DOJ, along with the Department of Homeland Security and Department of Labor, issued rulings outlining several civil penalty increases, ranging from small hikes, to some increases nearly doubling. The ruling stems from the Federal Civil Penalties Inflation Adjustment Act Improvements Act, signed into law in November 2015, and requires an initial catch-up adjustment followed by annual adjustments of the civil penalty amounts. Beginning August 1, 2016, the penalty increases will effect case violations dating back to November 2, 2015.

Violations within the scope of the recent ruling covers temporary foreign worker visa programs; the unlawful employment of immigrant workers; violations related to Form I-9 paperwork violations; and immigration-related discriminatory employment practices. Not all employers deal with temporary work visa issues, so let’s look at the most common denominators, employment practices and the Form I-9.

Form I-9 Penalties

Employers must ensure that the Form I-9 is completed for every employee hired after November 6, 1986 who performs work in the United States. Failing to complete the form, or completing it incorrectly, can result in fines. The new rules raise maximum fines from $1100 to $2156, a staggering 96%; minimum fines have increased from $110 per violation to $216. Since most Form I-9 violations are due to simple clerical errors or omissions, it is critical that employers build strong processes into their onboarding workflow to avoid these costly mistakes. Now more than ever, the risk of a government Form I-9 audit carries serious financial ramifications.

Unfair and Unlawful Employment Penalties

The maximum penalty for the unlawful employment of an immigrant worker will increase from $3,200 to $4,313, while the minimum fine increases from $375 to $539. Repeat offenders face a new maximum penalty of $21,563.

Unfair employment practices leading to discrimination violations can bring a new maximum penalty of $3,563 per charge, up from $3,200. The minimum penalty increases from $375 to $445.

Safeguarding the HR Process

Regular review and staff training for the onboarding process are components in avoiding these and other costly fines. For best practices in compliance and efficiency, however, the adoption of an automated I-9 and E-Verify solution, such as Tracker’s I-9 Complete, is the best way to eliminate compliance risks. Its powerful compliance logic makes it virtually impossible to process an I-9 with errors. Request a demo and take the first step toward flawless compliance.

Tracker is the most trusted partner for I-9 and E-Verify compliance, with thousands of customers including the top U.S. employers. We are the only I-9 software company with a perfect 13-year record with federal agencies and systems.