Immigration and Customs Enforcement (ICE) conducts regular workplace audits to ensure businesses comply with employment eligibility verification requirements. The goal is to verify that organizations are only hiring authorized workers and keeping accurate documentation.
Understanding the audit process can help business leaders prepare and reduce potential disruptions.
Notification of the audit
ICE initiates an audit by issuing a Notice of Inspection. This notice gives the employer at least three business days to gather the necessary documents. The notice typically requests Form I-9s and payroll records for all employees. Employers should prepare certain business information, such as licenses and articles of incorporation. ICE may also request access to employee files and other records.
Document review process
During the audit, ICE reviews the submitted Form I-9s to ensure compliance. Auditors check for missing information, improper documentation or expired verification documents. If ICE identifies discrepancies, it may issue a Notice of Suspect Documents or a Notice of Technical or Procedural Failures. Employers will have a specified timeframe to address these issues and correct errors.
Interviews with employees
In some cases, ICE may interview employees to verify their immigration status and eligibility to work in the United States. Employers must provide access to employees but cannot interfere with the interview process. Informing employees about their rights during an audit, such as their right to decline voluntary interviews, can help protect them.
Potential outcomes of an audit
The results of an audit may come in the form of a Notice of Compliance, a Notice of Discrepancies, or a Notice of Intent to Fine. A Notice of Compliance indicates the business has met all requirements. A Notice of Discrepancies highlights issues that need immediate attention. In the case of significant violations, a Notice of Intent to Fine outlines the penalties.
ICE audits emphasize the importance of maintaining accurate and updated records. Employers who hire immigrants can conduct their own internal audits to ensure all Form I-9s are complete and compliant. Providing training to staff responsible for employment verification can also minimize the risk of errors.