New I-9 Handbook for Employers - Immigration Lawyer

10* Failing to comply with the Form I-9 requirementsEmployers who fail to properly complete, retain,and/or make available for inspection Forms I-9as required by law may face civil moneypenalties of not less than $100 and not morethan $1,000 for each employee for whom theForm I-9 was not properly completed, retained,and/or made available.* Requiring indemnificationEmployers found to have required a bond orindemnity from an employee against liabilityunder the employer sanctions laws may beordered to pay a civil money penalty of $1,000for each violation and to make restitution, eitherto the person who was required to pay theindemnity, or, if that person cannot be located,to the United States Treasury.* Good faith defense*If an employer can show that he or she hascomplied with the Form I-9 requirements, thenthe employer has established a "good faith"defense with respect to a charge of knowinglyhiring an unauthorized alien, unless thegovernment can show that the employer hadactual knowledge of the unauthorized status ofthe employee.2. Criminal PenaltiesEngaging in a pattern or practice of knowinglyhiring or continuing to employ unauthorizedaliensPersons or entities who are convicted of havingengaged in a pattern or practice of knowinglyhiring unauthorized aliens (or continuing toemploy aliens knowing that they are or havebecome unauthorized to work in the UnitedStates) after November 6, 1986, may face finesof up to $3,000 per employee and/or 6 monthsimprisonment.* Engaging in fraud or false statements, orotherwise misusing visas, immigration permits,and identity documentsPeople who use fraudulent identification oremployment eligibility documents, or documentsthat were lawfully issued to another person, orwho make a false statement or attestation forpurposes of satisfying the employment eligibilityverification requirements, may be fined, orimprisoned for up to 5 years, or both.B. UNLAWFUL DISCRIMINATIONIf an investigation reveals that an employer hasengaged in unfair immigration -related employmentpractices under the Act, the OSC or the EEOC maytake action. An employer will be ordered to stop theprohibited practice and may be ordered to take one ormore of the following steps:*Hire or reinstate, with or without back pay,individuals directly injured by the discrimination;* Lift any restrictions on an employee'sassignments, work shifts, or movements;* Post notices to employees about their rights andabout employers' obligations;* Educate all personnel involved in hiring and incomplying with the employer sanctions and antidiscriminationlaws about the requirements ofthese laws; and/or*Remove a false performance review or falsewarning from an employee's personnel file.Employers may also be ordered to pay a civil moneypenalty as follows:*First Offense. Not less than $250 and not morethan $2,000 for each individual discriminatedagainst;*Second Offense. Not less than $2,000 and notmore than $5,000 for each individualdiscriminated against;* Subsequent Offenses. Not less than $3,000 andnot more than $10,000 for each individualdiscriminated against; or* Unlawful Request for More or DifferentDocuments. Not less than $100 and not morethan $1,000 for each individual discriminatedagainst.Employers may also be ordered to keep certainrecords regarding the hiring of applicants andemployees. If a court decides that the losing party'sclaim has no reasonable basis in fact or law, the courtmay award attorneys' fees to prevailing parties otherthan the United States.