What is I-9 fraud charges

| by Max Soni

Thanks for visiting Spodek Law Group. We’re a second-generation law firm managed by Todd Spodek, with over 40 years of combined experience handling cases that get national attention. Todd represented Anna Delvey in the case that became a Netflix series, we handled the Ghislaine Maxwell juror misconduct matter, and we’ve worked on everything from federal fraud to the Alec Baldwin stalking case. If you’re reading this, you’re likely facing I-9 fraud allegations or worried about document issues from your employment verification.

I-9 fraud charges involve falsifying employment eligibility verification documents. That’s the federal Form I-9 every employer must complete when hiring someone. The fraud can happen two ways: employees using fake documents to prove work authorization, or employers knowingly hiring unauthorized workers and covering it up. Both sides face criminal prosecution and devastating immigration consequences.

What Counts as I-9 Fraud

I-9 fraud happens when someone knowingly lies on Form I-9 or presents fraudulent documents during employment verification. The most common scenarios – using a fake Social Security card, presenting an altered green card, claiming U.S. citizenship when you’re not, borrowing someone else’s documents to get a job. Employers commit I-9 fraud when they knowingly hire unauthorized workers, accept documents they know are fake, or engage in a pattern of I-9 violations.

Document fraud is the big one. You use a counterfeit permanent resident card, a fraudulent employment authorization document, someone else’s Social Security number. Federal prosecutors treat this seriously because it combines immigration violations with identity fraud. The government doesn’t distinguish between “I needed to work” and “I intended to defraud” – if you knowingly used false documents to satisfy I-9 requirements, that’s fraud.

False attestation is another charge. When you check that box claiming you’re a U.S. citizen or permanent resident, knowing it’s not true, you’ve made a false statement on a federal form. Even if the documents you present are real – maybe you borrowed a friend’s green card – the false claim itself violates federal immigration law and can trigger both criminal charges and permanent inadmissibility.

Criminal Penalties – Prison and Permanent Bars

The criminal penalties for I-9 fraud can destroy your life. Individuals face up to five years in federal prison for making false statements to satisfy employment eligibility requirements, using fraudulent identification documents, or using documents lawfully issued to another person. That’s under 18 U.S.C. § 1546 and related immigration fraud statutes. Five years – for using a fake green card to get a job at a restaurant.

If you prepare fraudulent immigration documents for other people – selling fake green cards, creating counterfeit employment authorization documents – the penalties increase dramatically. First offense: fine and up to five years. Subsequent offenses: up to 15 years in federal prison. Employers who engage in a pattern or practice of knowingly hiring unauthorized workers face up to six months imprisonment plus fines.

The immigration consequences are worse than the prison time. If you’re convicted of I-9 fraud or document fraud, you become permanently inadmissible under INA § 212(a)(6)(C)(i). Permanently. You can’t get a visa, you can’t get a green card, you can’t enter the United States – unless you qualify for an extremely difficult waiver. Most people don’t qualify. One conviction for using a fake Social Security card at age 22 can mean you’re barred from the United States for life.

Removal proceedings are automatic. If ICE discovers you used fraudulent documents for employment, they’ll issue a Notice to Appear and place you in removal proceedings. The fraud finding means you likely won’t qualify for most forms of relief from deportation – cancellation of removal, adjustment of status, asylum all disappear when there’s a fraud finding in your record.

Civil Penalties – The 2025 Fine Increases

Even without criminal charges, the civil penalties for I-9 violations can financially destroy a business. In 2025, DHS increased I-9 penalties for inflation. For basic I-9 paperwork violations – missing forms, incomplete sections, failure to complete verification properly – the fines range from $281 to $2,789 per Form I-9. If ICE audits your company and finds 100 improperly completed forms, you’re looking at potential fines up to $278,900.

Knowingly employing unauthorized workers triggers much higher fines. First offense: $698 to $5,579 per unauthorized worker. Second offense: $5,579 to $13,946 per worker. Third or subsequent offense: $8,369 to $27,894 per worker. ICE considers each unauthorized employee a separate violation, so if you knowingly employed ten unauthorized workers, multiply those numbers by ten. The maximum penalty reaches $28,619 per violation in 2025.

Who Actually Gets Charged

ICE doesn’t have the resources to prosecute every I-9 violation. They focus on cases involving fraudulent documents, employers who knowingly hire unauthorized workers, and situations where there’s a clear pattern of violations. If you made an honest mistake on your I-9 – forgot to date Section 2, checked the wrong box – you’ll probably get a warning notice and a chance to correct it. That’s not fraud.

Fraud cases involve knowing conduct. You knew the green card was fake. You knew the employee wasn’t authorized. You deliberately backdated I-9 forms to cover up late completion. The government must prove you acted knowingly and willfully – that you understood what you were doing was illegal and you did it anyway.

Worksite enforcement is ramping up dramatically in 2025. Under the current administration, ICE is increasing I-9 audits and worksite investigations. Employers should expect more frequent inspections, especially in industries with historically high rates of unauthorized employment – construction, hospitality, agriculture, food processing. The penalty increases effective January 2025 signal that ICE intends to aggressively enforce I-9 compliance.

What This Means for You

If you’re facing I-9 fraud allegations – whether as an employee who used questionable documents or an employer accused of hiring violations – the stakes are enormous. Criminal prosecution, permanent immigration bars, massive civil fines, deportation. These cases require immediate legal intervention.

The difference between a civil penalty and criminal prosecution often comes down to how the investigation unfolds. What you say to ICE during an audit, how you respond to a Notice of Intent to Fine, whether you cooperate in a way that makes you look guilty or assert your rights properly. Many people make their situations far worse by talking to investigators without counsel.

At Spodek Law Group – we handle I-9 fraud cases involving both criminal charges and immigration consequences. We’ve represented clients in federal fraud prosecutions, removal proceedings, and ICE investigations. We understand how document fraud cases work, what prosecutors need to prove, and where the defenses exist.

Todd Spodek has built this firm on taking cases others say can’t be won. I-9 fraud charges feel overwhelming because the government treats any documentation issue as potential fraud. But there’s often a significant difference between fraud and mistake, between knowingly violating the law and making an error under confusing regulations. That difference matters, and it’s what we fight about in these cases.

If ICE has contacted you about I-9 issues, if you’ve received a Notice of Intent to Fine, if you’re worried about documents you used for employment – call us now. We’re available 24/7 because we know these situations don’t wait for business hours. What you do next determines whether you’re facing civil penalties or criminal charges, whether you can fix the situation or face permanent consequences. Contact Spodek Law Group today.