Our attorneys examine how Venezuela and key neighboring jurisdictions—particularly Colombia—are reshaping immigration, employment, and workforce compliance frameworks in response to renewed business activity in the region. The panel explores evolving visa pathways, transnational teleworking models, and employer obligations under Colombian and Venezuelan law, highlighting how these developments are influencing mobility strategies, cross‑border staffing structures, and
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Changes to I-9 Penalties Increase Employer Liability
ICE, in a “fact sheet” available on its website, has made a significant change to the way it conducts I-9 audits. Specifically, ICE has broadened what it considers to be a “substantive” violation on an I-9. This change is likely to increase the financial penalties employers face during an audit, impacting all employers (including those who have already conducted an internal audit). This change to ICE’s protocol may signal increased enforcement in the coming weeks and months.
Key Takeaways
In response to this change, employers should:
- Conduct an I-9 audit to determine potential penalties under the new guidelines and determine which, if any, substantive errors can be rehabilitated.
- Conduct internal training to ensure the company has an established I-9 protocol and team to ensure the process is being completed accurately and in a timely manner.
- Create a protocol for the handling of I-9 audits at the worksite should ICE issue a subpoena.
In more detail
The Immigration Reform and Control Act (IRCA), enacted on November 6, 1986, requires employers to verify the identity and employment eligibility of their employees and sets forth criminal and civil sanctions for employment-related violations. During an I-9 audit, ICE reviews the accuracy and completeness of an employer’s I-9s to determine the volume of: (i) missing I-9s; (ii) technical violations; and (iii) substantive violations. ICE must permit employers to correct technical violations before issuing a fine; a substantive violation is cause for a fine without opportunity for rehabilitation. Fines range from $288 to $2,861 per I-9 violation.
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