This blog is for employers to avoid I-9 audit by ICE. ICE audits start with a letter from ICE called Notice of Inspection (NOI). Since the process of auditing is complex, the auditing process has been broken down into several steps so that it is easier to understand and follow.
ICE‘s auditing process starts with an NOI that is sent, or mailed, to the employer. The NOI asks for a record of Forms I-9 maintained by the employer. The NOI is typically presented 3 business days before the employer must produce Forms I-9. ICE will ask the employer for documentation that support Forms I-9, either in the form of the payroll, list of current employees, Articles of Incorporation, or business licenses. ICE will then inspect the Forms I-9 for compliance with rules and regulations.
ICE officers usually choose where a Form I-9 inspection occurs. ICE may ask the employer to bring Forms I-9 to an ICE field office. Sometimes arrangements may made at the employer‘s worksite. When officials arrive to inspect the employer’s Forms I-9, the employer must present:
• Electronically stored Forms I-9 and any other requested documents
• Necessary hardware and software to validate electronic documents
• Any existing electronic summary of the information on Forms I-9
Employers who refuse or delay an inspection will be in violation of the law.
In the next section of Part VI, Section B, we will be discussing the second step in the ICE auditing process.
Part VII: Penalties
Part VIII: How can employers protect themselves from discrimination?
Part IX: Best Practices
Part X: Managing I-9 in Mergers and Acquisitions
Part XI: Correcting I-9
Part XII: Storing/Retaining I-9
See you in my next blog.
Nalini S Mahadevan, JD, MBA
Attorney at Law
Copyright 2012. All rights reserved.
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