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Penalties for I-9 Violations

Form I-9 is the employee’s verification and authorization form that allows employers to employ them for work. As per the Immigration Reform and Control Act of 1986 (IRCA), employers must verify the identification of the employees and check the form I-9 for the authorization of the holder for working in the U.S. This regulation was introduced to keep a check on the unauthorized employment of the employees in the U.S. and prevent employers from employing workers with an illegal background.

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Employers have certain duties towards the immigration law in the U.S. The form should be issued to immigrants and citizens who are looking for the U.S. jobs which needs extra layer of employment security. Form I-9 is issued to the immigrants who have successfully completed the eligibility criteria and have accurately obtained the form authorization. The I-9 provides a pathway to continue working in the U.S. with sanctioned authority. It also ensures the employers that the workforce he appointed will attract a penalty.

Some of the guidelines for employers in IRCA 1986 in connection with violations of form I-9 are mentioned here:

  • Complete the form I-9 authorization and verification process for the employees who do not have I-9 yet.
  • Employ only workers with I-9 verification and authorization for employment after November 1986.
  • If the employment is under CNMI, the verification of I-9 is compulsory on and after November 2009.

IRCA 1986 implies penalties for violation of laws and regulations mentioned therein. The penalties for violation of I-9 include contravention of:

  • The hiring of the worker who does not have I-9 authorization.
  • Discriminate among the workers on the basis of caste, race, or origin.
  • Request for extra documents which are otherwise not required by law for the verification of I-9 authentication.
  • Harassing the employees by employing and retaining their I-9 forms.
  • Retaliation against the workers who have filed complaints against the behavior of the employer in the city or with the police for any reason.

Penalties for the violation of Form I-9

The employers are subject to following ordered payments and penalties under the IRCA law for the violations mentioned above.

  • The employers who violate the laws and regulation of IRCA regarding form I-9 will be imposed Civil or Criminal penalties under the Civil Monetary Penalties Inflation Adjustment for 2019.
  • Will be ordered for payment of fees or salary to the employee against whom discrimination was done.
  • Will be ordered to hire and pay the salary of the employee who was not recruited on the basis of the discrimination and retaliation.
  • If the violation of the I-9 persists, the employer may also lose the authorization and disbarred from any Government contracts application.

The form I-9 authentication of the employees is very essential for the employers. The regulation also stands for the U.S. citizens. If the worker is not permitted to work in the U.S. soil and still employed by an employer, then it is a straight violation of the I-9 forms and may be subjected to the criminal proceedings. The hiring of unauthorized aliens to work is a criminal offense and attracts penalties in the IRCA.

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