What are the penalties if an employer does not verify an employee's eligibility of employment?
Author: Melanie J. Perez-Vellios, VP Group LLC
An employer that fails to verify an employee's eligibility of employment can be subject to civil, and under some limited circumstances, criminal penalties. The penalties include: cease and desist orders, monetary penalties ranging from $375 to $16,000 for employing an unauthorized foreign national, civil penalties ranging from $110 to $1,100 for paperwork violations and criminal penalties. Notably, criminal penalties are reserved for the most egregious and repeat offenders attempting to "evade the law" by continually employing undocumented foreign nationals.