There are countless alerts daily on the web on how important is to properly execute and maintain your I-9s, but the significance of the most difficult one page form ever required by an employer is best shown in the numbers. Beyond the fact that ICE can impose major fines and criminal charges for truly egregious activities, the truth is this does not apply to most employers. The majority of employers are aware of their obligation to complete the I-9 form for employees; the problem lies in the details.
ICE has the power to levy fines ranging from $110 to $1,100 for each I-9 with paperwork violations. This means that even employers who do not have any unauthorized workers, but have poor quality records (or worse, missing records) can face large penalties if inspected by the government. Paperwork violations (called “substantive violations”) may appear as simple as an employee’s failure to check a box in Section 1 or even the employer’s failure to write the word “card” under List C where a Social Security Card has been accepted. These numbers can add up exponentially if a larger percentage of records are of poor quality and can result in major financial burdens on employers of all sizes.
Employers may not assume that just because they are confident that their workforce is legal means that they are in any way insulated from an inspection or fines. All employers should consider an internal audit of their I-9s, under the guidance of knowledgeable immigration counsel, to evaluate and improve their records prior to an inspection.