November 20, 2009

A Thousand Businesses Served Notice for I-9 Inspections

As reported in Thursday's alert, 1,000 I-9 inspections were initiated yesterday by Immigration and Customs Enforcement.  Notices of Inspection (NOI) were served to businesses across the country. The latest round of I-9 inspections will focus on critical infrastructure and national security targets but other industries as well. The NOI will provide three (3) days for companies to submit their I-9s for inspection but extensions can be negotiated where appropriate. If a company receives a Notice of Inspection, he/she should do the following:

• Immediately contact the general counsel (or the manager/owner at a smaller company);
• Retain experienced immigration counsel only;
• Gather I-9s and supporting documentation;
• Make copies for the company to reference during the subsequent ICE investigation that will follow the NOI;
• Review payroll lists and identify any active employees who do not have an I-9 on file, complete a new one if necessary and notate accordingly as a replacement;
• Review I-9s to identify issues of concern;
• Make corrections, where appropriate.
  

NOTE: although corrections can be made to I-9s, in some circumstances companies may create more liability if erroneous corrections are made without experienced guidance.

• Abide by all anti-discrimination provisions including ensuring that existing employees are not arbitrarily requested to submit new or alternative documents to update a Form I-9;
• Confirm the "chain of custody" for the company's documents and have the ICE agent acknowledge, in writing, the exact number of original I-9s that have been relinquished; and
• Consider proactive compliance planning immediately.