Have you ever wondered what an I-9 Notice of Inspection (NOI) from U.S. Immigration & Customs Enforcement (ICE) looks like?
We created a helpful sample NOI compiled from a number of real notices received by Tracker clients over the past several years.
ICE audit: The process
An ICE audit is initiated when an ICE agent arrives at an organization to serve a Notice of Inspection (NOI). The person receiving service of the NOI will need to sign a document acknowledging receipt. Tracker Corp has supported companies through many I-9 audits and we suggest that you take NOI’s very seriously.
If you receive an audit notice, it is imperative that you act immediately and acquire the guidance of a legal compliance professional who can guide you through the ICE inspection process. For more information on establishing your internal response process, read 5 Steps to Prepare for an ICE Audit.
NOTE: It’s important to note that an NOI may be presented in person by an ICE or federal representative or sent via certified mail. Therefore, it’s imperative that your team have a clear NOI response protocol in place prior to receiving a federal notice.
Below is a high-level overview of the I-9 inspection process and what your team may be required to do in the event that you receive an NOI. Learn more about the I-9 and inspection process.
For educational reference, we’ve created the following NOI sample from a number of real NOIs received by Tracker clients over the past several years. This is a representation of what a company might receive from an ICE or federal agent.
Example Notice of Inspection:
As you can see, a Notice of Inspection typically requires a significant amount of supporting documentation. For this reason, it is crucial that every organization make Form I-9 Compliance an ongoing priority throughout the year. A well-prepared and well-documented team can proactively decrease the risk of fine errors in the event of a federal audit.
You’ll also notice that ICE requests specific information regarding the Form I-9 system of management. If your company utilizes an electronic I-9 solution, ICE will require your team to divulge information about that specific vendor and platform. A good electronic I-9 vendor will have a ‘standard response package’ that the vendor has successfully utilized and tested in a live audit.
Be certain of your solution provider’s capabilities
It’s important that this response package has proven to completely satisfy ICE’s audit requirements – being served a Notice of Inspection can be a scary and nerve-racking event. This is not the time when your I-9 support provider should be “testing” their response skills. Your partner vendor should be well-equipped with extensive experience working through ICE audit processes.
Just as your I-9 provider will provide assistance with communication to ICE, a well-designed electronic I-9 system will save significant amounts of time by easily extracting records, building proper reports, and exporting audit trails.
Mitratech is proud to offer the only I-9 compliance software that can claim a perfect 20+ year track record of zero client finds in federal and ICE audits. We specialize in preparing, maintaining, and defending Form I-9s in the event of any audit.
