PRACTICE AREAS / I-9 Internal Audits

ICE WTF Law Firm specializes in I-9 Internal Audits for businesses seeking to avoid penalties related to the employment of unauthorized workers under US immigration law. 

What is an I-9 Internal Audit

An I-9 Internal Audit is a proactive, thorough review of an employer’s I-9 forms and related records to ensure that they are complete, accurate, and compliant with U.S. Citizenship and Immigration Services (USCIS) and Immigration and Customs Enforcement (ICE) regulations. 

Any information relating to the audit is protected by attorney-client privilege and will remain confidential under the law.

During the audit, we use the same techniques as ICE uses in enforcement actions. This includes verifying that each employee’s I-9 is properly completed, ensuring all required documents are present, and checking for any errors or discrepancies. 

Based on the results, we calculate the total penalty that ICE would have issued, had it been a formal ICE audit. We recommend corrective actions if issues are found, ideally lowering the potential penalty to zero. Our audits typically save businesses tens of thousands of dollars in potential I-9 penalties.

>> In Depth: The Anatomy of an I-9 Audit

Mitigating ICE Worksite Enforcement Penalties

Conducting regular I-9 audits is particularly important in the context of ICE worksite enforcement actions. In the event of a Notice of Inspection (NOI) from ICE, a business is required to provide their I-9 forms and associated records for inspection within a short time frame (3 business days). A failure to comply can result in significant fines and penalties.

By conducting an internal audit before receiving a NOI, businesses can identify and correct errors in their I-9 documentation, mitigating the risks of severe penalties. An audit ensures that businesses are prepared for an ICE investigation and that their employment practices align with federal regulations, which may help reduce potential penalties or liabilities in case of an ICE inspection.

Internal I-9 audits are essential for any business looking to ensure compliance with immigration laws and avoid penalties during ICE worksite enforcement actions. With the complex and constantly changing nature of US immigration law, it is crucial for businesses to work with legal experts who understand the nuances of work authorization and I-9 compliance to protect their business from potential fines and liabilities. At ICE WTF Law Firm, we provide comprehensive worksite compliance solutions.