ICE to Audit 652 Companies for I-9 Compliance
Posted Jul 10, 2009
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The U.S. Immigration and Customs Enforcement (ICE) issued a press release on July 1, 2009 announcing a substantial escalation of audits with regard to employers' records of hiring. These are known as Form I-9 audits. The press release states that ICE has issued Notices of Inspection (NOIs) to 652 businesses nationwide, informing the companies that ICE agents will be inspecting their records on the hiring of employees.
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Businesses Targeted by the I-9 Audits
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The press release indicates that the businesses were selected as the result of various leads and investigative measures. No list is available, as these are on-going investigations. As mentioned in the press release, this is a marked increase in audits of this type, as ICE issued 503 audit notices during all of the last fiscal year. These new audits may also be the result of information sharing between ICE, the U.S. Citizenship and Immigration Services (USCIS) and its office of Fraud Detection and National Security (FDNS), the U.S. Department of Labor (DOL), and other government agencies.
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Forms I-9 and NOIs
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A detailed discussion of Form I-9 requirements and notices of inspection (or NOIs) was made available to MurthyDotCom readers in our article from the September 16, 2008 edition of Murthy's Corporate Bulletin, Form I-9 Compliance & Working with ICE. As that article indicates, employers must complete an I-9 for each new hire. They have three days to produce documents and answer allegations after receiving a NOI from ICE. A discussion of ICE's role in investigations of noncompliance with I-9 regulations, and immigration laws in general, can be found in our June 5, 2009 MurthyDotCom NewsBrief entitled, I-9s, Indictments, and ICE Workplace Enforcement.
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Conclusion
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It is imperative that U.S. employers understand and comply with I-9 requirements. This is a matter that is NOT limited to employers of H1B or other foreign workers, but applies to ALL U.S. employers. In the current climate of multiple investigations and enhanced enforcement, employers must understand their hiring obligations for the I-9, as well as for requirements that relate solely to foreign workers. The Murthy Law Firm can efficiently assist employers with their compliance obligations. We have a legal department dedicated exclusively to these concerns. As always, prevention is the best cure, and it is far better to address matters proactively, rather having to prepare a defense when audited. We will continue to track the DHS's action with regard to I-9 requirements and audits. MurthyDotCom and MurthyBulletin readers will be updated on any activity that may affect them.