Complete guide for New York employers facing ICE/HSI I-9 audits. Learn how to respond to Notice of Inspection, minimize penalties, and protect your business.
An ICE (Immigration and Customs Enforcement) or HSI (Homeland Security Investigations) I-9 audit is a formal inspection of your company's Form I-9 employment eligibility verification records. The audit ensures compliance with immigration employment laws.
You have only 3 business days from receipt of NOI to produce all requested I-9 forms. This is NOT negotiable. Missing the deadline can result in immediate fines.
What to Do IMMEDIATELY:
Hiring or continuing to employ individuals knowing they lack work authorization. Can result in criminal charges and debarment from government contracts.
Aggravating Factors (Higher Fines):
Mitigating Factors (Lower Fines):
After ICE reviews your I-9s, you'll receive Notice of Intent to Fine (NIF) listing violations and proposed penalties. You have 30 days to respond.
Negotiation Strategies:
Regular Self-Audits
Audit I-9s quarterly or annually to catch errors early
Train HR Staff
Ensure all staff completing I-9s are properly trained
Use E-Verify Correctly
If enrolled, follow all E-Verify procedures properly
Implement I-9 System
Use electronic I-9 software to reduce errors
Document Everything
Keep meticulous records of compliance efforts
Consult Attorney
Annual compliance review with immigration lawyer
Our immigration compliance attorneys serve NY employers
Don't face an ICE audit alone. Our experienced immigration attorneys help employers respond to inspections, minimize penalties, and implement compliance programs.