ICE updates I-9 inspection guidance

Recently, Immigration and Customs Enforcement (ICE) made unannounced changes to their Form I-9 inspection guidance. Employers are required to verify the identity and employment authorization for all employees through the completion of the Form I-9 employment eligibility verification. Under the Immigration and Nationality Act and as outlined in 8 U.S. Code §1324a, employers can be subject to inspection of I-9 materials to verify compliance. Here’s what you need to know.

What is an I-9 inspection?

To conduct compliance investigations, ICE is authorized to issue a notice of inspection to an employer requesting that they produce I-9s for inspection by Homeland Security Investigations (HSI). I-9s must be maintained for all current employees and for former employees for three years from their first date of employment or one year from their termination, whichever is longer. The notice may also request that additional documents be made available to HSI, including payroll and employee lists.

If HSI identifies any issues during their investigation, there are several findings they can make and notices they can issue:

• Notice of suspected documents. The documentation presented by an employee doesn’t relate to that employee or is otherwise not valid for employment.

• Notice of discrepancies. The documentation is insufficient to determine employment eligibility.