What Happens in an ICE I-9 Audit

An ICE audit of Form I-9 records is a formal review of your forms. This page explains the process in plain terms so you know what to expect. It is meant to describe how an inspection works, step by step. If you ever receive a notice, the most important first step is to get immigration counsel involved.

The goal here is not to alarm you. Enforcement has increased, and more employers are seeing inspections. The good news is that the process follows clear steps with set deadlines. When you know those steps and those deadlines ahead of time, an inspection becomes something you can handle in an orderly way rather than a surprise. Read on to see how the process moves from the first notice to a final outcome.

It starts with a Notice of Inspection

An audit begins when the employer receives a Notice of Inspection, often called an NOI. The NOI tells you to produce your I-9 forms and certain supporting records.

Because the time is short, this is also why a self-audit done ahead of time is so valuable. You cannot fix your whole filing system in three days, but you can hand over clean records if you prepared earlier.

The notices that can follow

After the records are reviewed, the employer may receive one or more notices. Each notice has a different meaning and a different next step. Some simply ask you to fix things. Others point to a possible penalty. Here is what each one means, in plain language.

The key clocks to know

The audit process runs on a few important deadlines. Missing one can limit your options, so it helps to know them ahead of time.

• 3 business days. The time to produce your records after the Notice of Inspection.
• At least 10 business days. The time to correct items listed in a Notice of Technical or Procedural Failures. These are the smaller errors that may still be fixed.
• 30 days. The time to contest a Notice of Intent to Fine.

Technical errors versus substantive errors

Not all errors are treated the same. Technical or procedural failures are smaller items, and the law has allowed time to fix them. Substantive errors are more serious and may bring an immediate fine. The line between these two groups has shifted, and more error types are now treated as substantive than in the past. This is one reason employers are reviewing their forms more carefully. To understand what counts and what it can cost, see our I-9 penalties page.

What an employer should do

If you receive any notice, here are the calm, practical steps.

1. Get immigration counsel. Involve an immigration attorney as soon as you receive a Notice of Inspection. This is the single most important step.
2. Note the deadline. Write down the date you received the notice and count the days you have.
3. Gather your records. Pull the I-9s and any supporting records the notice asks for.
4. Do not alter old forms improperly. Do not backdate, erase, or use white-out. If a correction is allowed, make it the approved way, with a line through, the correct information, and your initials and date.
5. Keep copies. Keep a copy of everything you produce and every notice you receive.

Prepare before a notice ever arrives

The best time to deal with an audit is before one happens. A voluntary self-audit lets you find and fix problems on your own time. Clean, complete, well-organized records mean you can meet the 3 business day deadline without panic. Learn the process on our self-audit page.

It also helps to know the most common errors before an inspection ever begins. When you know what inspectors tend to flag, you can check for those exact items in your own files. Review our common I-9 mistakes page so you can spot and fix those problems first.

This page describes the general process. The exact steps in any real case depend on the facts. For your specific situation, consult an immigration attorney, and check the official information at ice.gov and uscis.gov.

By the Easy Guides Editorial Team