Immigration and Customs Enforcement (ICE) I-9 Audits

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What is an I-9 Audit?

The United States Immigration and Customs Enforcement (ICE)  may audit Form I-9s to assess employees’ employment eligibility and employers’ compliance with immigration laws.

How Should Employers Ensure Compliance?

All employers must have a Form I-9 for each employee working in US and employed after November 6, 1986. While employers are not required to file these forms with ICE, employers must keep these forms in the company’s file for current as well as past employees to ensure availability of I-9s during an ICE audit. Form I-9s should be kept for 3 years after the employment date or 1 year after the termination date, whichever date comes later.

What to Expect from an ICE Investigation?

The Immigration and Customs Enforcement may initialize an investigation through Notice of Inspection (NOI) requesting production of I-9s. ICE may request the following additional documentation:

Employers’ Form I-9 Compliance: How to Avoid Costly Errors?

Below are some suggestions that may protect you from unfavorable inspection results. However, every situation is unique, and the advice of a qualified attorney is appropriate to determine From I-9 compliance.

How Can an Attorney Help Me?

Employers may need to contact a qualified immigration or employment attorney to develop consistent practices of compliance and oversight with respect to acquiring and retaining employment eligibility verifications.

A qualified attorney may also ensure that employers don’t violate Immigration and Nationality Act (INA) anti-discrimination provisions or other state and federal antidiscrimination laws.

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Last Modified: 08-16-2013 04:09 PM PDT

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