This is the third post in a series that outlines what to do as you race the 3-day clock after getting an I-9 audit notice from U.S Immigration & Customs Enforcement (ICE).
Step 3: If necessary, build & present your case asking for more time
Given all the systems and people involved in an ICE I-9 audit, even in the best of circumstances it is often difficult in just 72 hours to pull together the information requested in a way that ensures quality. If you believe 72 hours is an insufficient amount of time, request an extension.
Any number of extenuating circumstances can jeopardize your ability to do a quality job on your audit response package in the time provided, including availability of key resources, timing that coincides with your busiest time of year or another large deadline-driven event (ex. annual enrollment), maintenance downtime of a key system, etc.
One of Tracker’s customers was served with an ICE I-9 audit notice during the third week of December, when several of their key resources were out on vacation. The company made the case that critical resources were unavailable, and got their deadline extended until after the holidays.
Another one of Tracker’s customers received multiple ICE I-9 audit notices on the same day for different worksites. If you have one of these or other extenuating circumstances, we recommend that you ask ICE for an extension. You want to get it right, which requires time.
Make your request for an extension early in the process, as soon as you have your arguments prepared. This shows that you immediately organized your efforts and sincerely want to do a quality job on your response package. Make sure to outline your reasons when you ask for the extension. Ask for as much time as you think you’ll need to do a quality job, while keeping your request within reason.
Finally, allow your attorney to present your case for an extension. As recommended in a previous post, your attorney should be your single point of contact with ICE. He or she can best represent your rights and is likely familiar with ICE’s I-9 audit process.
- – -
This is the third of five posts outlining a series of specific actions you should take after ICE hands you an I-9 audit notice. Check back for this upcoming post outlining the next step:
- The ICE I-9 audit: Look for these I-9 errors (Step 4)
Tracker’s Audit Response Team guides customers through ICE I-9 audits. Employers who use Tracker’s electronic I-9 & E-Verify solution have been rewarded with perfect ICE audit results showing 0 errors.
Disclaimer: The content of this post does not constitute direct legal advice and is designed for informational purposes only.