The Immigration and Nationality Act (“INA”) requires all employers to complete a Form I-9 for every employee hired after November 6, 1986. Immigration and Customs Enforcement (“ICE”) conducts audits of an employer’s Form I-9s by serving the employer with a Notice of Inspection (“NOI”). ICE conducts random audits of businesses of all sizes and in all industries. The number of I-9 audits conducted by ICE has gone up substantially each Fiscal Year for the past few years. For each Form I-9 that has an error, ICE will access a fine of up to $2,292, and, fines can be higher if ICE believes the employer knowingly hired an employee who was not authorized to work in the United States.
Most employers audited by ICE have a substantial number of errors which can quickly escalate into tens or hundreds of thousands of dollars in fines. Employers generally have no advance warning that they will be the subject of an NOI. Under the law, Forms I-9 responsive to an NOI must be provided to ICE by the employer within 72 hours. ICE will also request numerous other documents in addition to the Forms I-9. A NOI is the start of a federal investigation of a business’s Form I-9s by a law enforcement agency, ICE. This is a serious matter for any company. In addition to substantial fines, these investigations can result in debarment from future federal contracts, bad publicity for a business and loss of future business opportunities. Join Patricia Bollman, Immigration Lawyer from The Kullman Firm, and Thomas Mathew, Senior Director of EMP Trust HR as they help you plan and prepare for I-9 Audits by ICE.
This webinar will discuss the mechanics of an I-9 audit by ICE for an employer using either paper Forms I-9, electronic I-9 systems or both. It will also discuss what practices employers should have in place in order to be in the best position to defend a Notice of Inspection(NOI). Finally, this webinar will discuss tips for defending your company in the event it finds itself the subject of an NOI.
- Understand the ICE Inspection Process
- Prepare for required documentation during an Audit
- Learn Best practices to mitigate risks and comply with USCIS requirements
