I-9 Self-Audits: Employer Best Practices

The Immigration and Nationality Act (“INA”) requires all employers to complete a Form I-9 for every employee hired after November 6, 1986. Immigration and Customs Enforcement (“ICE”) conducts audits of an employer’s Form I-9s by serving the employer with a Notice of Inspection (“NOI”). ICE conducts random audits of businesses of all sizes and in all industries. The number of I-9 audits conducted by ICE has gone up substantially each Fiscal Year for the past few years. For each Form I-9 that has an error, ICE will access a fine of up to $2,292, and, fines can be higher if ICE believes the employer knowingly hired an employee who was not authorized to work in the United States.