What Happens during an ICE Form I-9 Inspection?

An ICE Form I-9 inspection starts when Homeland Security Investigations (HSI) serves a Notice of Inspection, and the employer must receive at least three business days to produce the requested Forms I-9 (8 CFR 274a.2(b)(2)(ii) and ICE I-9 inspection page).

Supporting documents. HSI generally also asks for supporting documents, such as payroll records, a list of active and terminated employees, articles of incorporation and business licenses (ICE I-9 inspection page).

Corrections. When HSI finds technical or procedural failures, the employer gets at least 10 business days to correct them. Uncorrected failures then become substantive violations (8 U.S.C. 1324a(b)(6)(B) and ICE I-9 inspection page).

Notices during inspection. HSI may issue a Notice of Suspect Documents, a Notice of Discrepancies, a Notice of Technical or Procedural Failures, or a Notice of Expired or Rescinded Immigration Status (ICE I-9 inspection page).

Final outcomes. At the end of the inspection, HSI issues a compliance letter, a Warning Notice or a Notice of Intent to Fine (ICE I-9 inspection page). An employer that receives a Notice of Intent to Fine may request a hearing before the Office of the Chief Administrative Hearing Officer. ICE must receive the request within 30 calendar days. Without a timely request, ICE issues a Final Order, which cannot be appealed.

Penalties. Civil penalty amounts are subject to annual inflation adjustment in 28 CFR 85.5. The FAQ on Form I-9 civil penalties lists the current ranges.