U.S. Immigration and Customs Enforcement has released a Form I-9 Inspection Overview, in conjunction with the I-9 Form “notice of inspection” sent to 1,000 businesses across the country (as reported in the Dec. 1 News Digest).
Those employers who receive a notice of inspection are compelled to produce the I-9 forms completed by current and former employees, ICE says. The agency says it will allow employers up to three business days to produce the forms, and that it may also request employers to produce supporting documentation such as a copy of the payroll, a list of current employees, incorporation paperwork, and business licenses.
If ICE agents find technical or procedural violations, an employer is given ten business days to make corrections. Employers may receive monetary fines for “all substantive and uncorrected technical violations,” the overview states. Employers who are found to have knowingly hired or continued to employ unauthorized workers may be fined and prosecuted criminally, the agency says. The overview also contains a table outlining the monetary violations based on whether the employer was a first time, second time, or third time violator; and the number of violations as a percent of employees.


