What To Do If You Receive a Notice of Inspection From ICE
Getting a Notice of Inspection (NOI) from U.S. Immigration and Customs Enforcement (ICE) can feel overwhelming, but with the right immigration attorney experienced in I-9 compliance, you can navigate the process confidently and protect your company from unnecessary penalties.
Step 1: Review the Deadline
Start by carefully reading the NOI. Identify the deadline for your response and document it immediately. Missing this deadline can have serious consequences, so time management is critical.
Step 2: Contact an Immigration Attorney
Your next move should be to hire an immigration attorney who specializes in I-9 audits and compliance. ICE will not assign or recommend legal representation for you. Having an attorney ensures your company’s rights are protected and communications with ICE are handled properly.
Once you’ve retained counsel, your attorney will review the NOI and determine whether the response deadline is feasible. If additional time is needed, your attorney can request an extension directly from ICE on your behalf.
Step 3: Gather and Review Your I-9 Documentation
Working with your attorney, begin collecting all Form I-9 records and any supporting documents requested in the NOI. This may include payroll data or a list of current employees. Always make and retain copies of everything before submitting them to ICE.
Your attorney should conduct a detailed I-9 compliance review, identifying any technical or substantive errors. If mistakes are found, they may recommend employee training or a remediation plan to help prevent future compliance issues.
Step 4: Submit and Await ICE’s Review
After your documents are submitted, ICE will conduct its review. This process may take several months. During this time, you might receive additional notices, such as:
Notice of Suspect Documents: ICE believes one or more employees’ work authorization documents are invalid.
Notice of Discrepancies: ICE cannot confirm an employee’s eligibility to work based on the documents provided.
Step 5: Respond to ICE’s Findings
When review is complete, ICE will issue one of the following:
Notice of Inspection Results: Your company is in compliance, and no further action is needed.
Notice of Technical or Substantive Violations: ICE outlines specific issues found in your I-9 forms.
Technical violations must be corrected within 10 business days, or they convert into substantive violations.
Substantive violations may lead to fines or more serious enforcement actions.
If violations are found, ICE may issue a Warning Notice or a Notice of Intent to Fine. Penalty amounts vary depending on aggravating or mitigating factors, such as company size, good faith efforts, or prior violations. An experienced attorney may often negotiate or settle fines with ICE before they escalate.
In severe cases, ICE may allege that a company knowingly hired or continued to employ unauthorized workers which can lead to criminal penalties.
Step 6: Strengthen Future I-9 Compliance
Every employer has a legal duty to properly complete, store, and maintain I-9 forms. The best protection against ICE audits is proactive compliance. Schedule regular internal reviews or engage an immigration attorney to perform a comprehensive I-9 audit before ICE comes knocking on your door.
Key Takeaways
An NOI from ICE doesn’t have to spell disaster for your business. With timely legal guidance, organized documentation, and strong compliance practices, your company can handle the audit process smoothly and minimize risk. Contact Elevate Justice U.S. Immigration Law to learn more about how we can support your I-9 compliance efforts.
