The E-Verify program authorizes employers to check the employment eligibility of their workers once they are hired. One day the E-Verify program could become mandatory. Our attorneys work with employers and esteemed Employment Law attorneys to put E-Verify programs in place that will protect them from exposure to liability. Employers are required to verify employment eligibility for any potential hire and complete an I-9 Form once an employee is hired. This form is confidential and provides the employer with information regarding the background and work authorization of the employee. I-9 compliance is essential for any business as trivial mistakes could cost the company a fortune in harsh penalties. Failure to comply may result in civil and/or criminal penalties as the chart below indicates. The Attorneys of Acosta & Fraga Law, PLLC can help your company be in compliance with all of your I-9 employee files.

United States Citizenship and Immigration Services has set out the below chart for calculating penalties and may be found at www.uscis.gov

 

Civil Violations First Offense Second Offense Third Offense
MINIMUM MAXIMUM MINIMUM MAXIMUM MINIMUM MAXIMUM
Hiring or continuing to employ a person, or recruiting or referring for a fee, knowing that the person is not authorized to work in the United States $375 for each worker $3,200 for each worker $3,200 for each worker $6,500 for each worker $4,300 for each worker $16,000 for each worker
Failing to comply with Form I-9 requirements $110 for each form $1,100 for each form $110 for each form $1,100 for each form $110 for each form $1,100 for each form
Committing or participating in document fraud $375 for each worker $3,200 for each worker $3,200 for each worker $6,500 for each worker $3,200 for each worker $6,500 for each worker
Committing document abuse $110 per violation $1,100 per violation $110 per violation $1,100 per violation $110 per violation $1,100 per violation
Unlawful discrimination against an employment-authorized individual in hiring, firing, or recruitment or referral for a fee $375 per violation $3,200 per violation $3,200 per violation $6,500 per violation $4,300 per violation $16,000 per violation
Asking an employee for money guaranteeing that the employee is authorized to work in the United States, also called an indemnity bond. Pay $1,100 for each bond the employee paid to the employer.
Refund the employee the full amount of the bond. If the employee cannot be found, this refund will go to the U.S. Treasury.