On April 20th, 2012, ICE Director John Morton warned that ICE will conduct 3,000 I-9 inspections this year, and that this number will remain the same or climb higher in the years to come.

This planned number for ICE was confirmed by Bill Riley, former Special Agent with both the INS and ICE for 20 years and Unit Chief for Worksite Enforcement, where he implemented the ICE Mutual Agreement between Government and Employers (IMAGE) and where he created the current ICE I-9 audit program.

In a worksite enforcement webinar on Thursday, May 3rd, Riley clarified that the 3000 Notices of Inspection (NOIs) would be issued in waves at the rate of 500 every two months.

As of March 29, the agency had notified 500 businesses “of all sizes and types” to turn over I-9 employment-eligibility forms and other documents for audits.  If you have received an NOI, don’t delay and reach out to informed legal counsel, including some of our esteemed guest bloggers, for guidance on how best to respond. You can read more about the I-9 audit and NOI’s, check out one of our previous posts from an attorney expert.

So how can you best prepare for a potential ICE audit?

First, companies should consider conducting a preemptive audit to get your I-9 house in order.  Then analyze your results, initiate targeted training, and standardize your I-9 practices and procedures. As you will probably find out, the paper Form I-9 process is error-prone and hard to centralize. Therefore, after conducting the audit you will want to implement a trustworthy I-9 software system to keep track of all the I-9 documents, deadlines, and work visa re-verification requirements. These steps are especially important for companies that have a large number of employees, high turnover rates, and/or multiple worksites.

Disclaimer: The content of this post does not constitute direct legal advice and is designed for informational purposes only. Information provided through this website should never replace the need for involving informed counsel on your employment and immigration issues.

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