New Federal Ruling for Increased Form I-9 Fines

The Federal Government has increased the Form I-9 fines. Make sure you are up-to-date with this new ruling and taking steps to prepare your organization.

The Department of Homeland Security (DHS) released the final ruling for increased fines for Form I-9 errors. The new ruling will begin with penalties assessed after January 11, 2022.

Below are the 2022 adjustments for the fines ICE levies for Form I-9 issues.

Form I-9 penalties 

  • I-9 paperwork violations

    • The minimum penalty increase from $237 to $252 per paperwork violation 

    • The maximum penalty increase from $2,360 to $2,507 per paperwork violation 

Recruiting, referral, and rehiring violations

  • The penalty for the first offense has increased from $590 – $4,722 to  to $627 - $5,016
  • The penalty for the second offense has increased from $4,722 – $11,803 to $5,016 – $12,537
  • The penalty for the third  offense has increased from $7,082 – $23,607 to $7,523 – $25,076 

Incomplete and missing Forms, failure to provide supporting documentation, and many other errors can lead to potential fines if your organization is audited. You can improve your process and help avoid these errors by taking advantage of the I-9 Management Services from Equifax. You can better manage your I-9s with tools for each phase of the process. Check out the HR Checklist for I-9 Enforcement for steps you can take today to help avoid these costly fines. 

The information provided is intended as general guidance and is not intended to convey any tax, benefits, or legal advice. For information pertaining to your company and its specific facts and needs, please consult your own tax advisor or legal counsel. Links to sources may be to third party sites. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.