The Three-Day Rule for I-9 Notice of Inspection (NOI) Requests

Receiving a notice from Immigration and Customs Enforcement (ICE) regarding a pending I-9 audit can be alarming, as these are not regular compliance inspections. Understanding the three-day rule for I-9 Notice of Inspection (NOI) requests could provide you with confidence throughout the process. 

At Monty & Ramirez LLP, our I-9 audit and compliance attorneys could assist you in determining how to proceed. We could help you understand what steps to take after receiving the notice, why the three days matter, and how to protect yourself and your business.

Steps to Take After Receiving a Notice of Inspection

After ICE sends an I-9 Notice of Inspection request and confirms receipt, businesses have three days to prepare and send the documentation back to the Department of Homeland Security (DHS). The documents you need include:

• Employee identification details
• Current and past workers’ I-9 forms
• Business ownership documentation and records
• E-Verify or other worker verification information
• Additional documentation supporting the I-9s, such as hiring information, payroll records, and tax records

Failure to provide these documents leads to automatic workplace enforcement action by ICE or DHS. Even if your company seems to be in full compliance, a review could ensure certainty.

Note that an NOI typically comes before a search warrant or an I-9 subpoena from Homeland Security Investigations. Sometimes, the notice and search warrant occur simultaneously, giving you little or no time to get the company records in order.

What Are Common I-9 Notice of Inspection Triggers?

An I-9 NOI request from ICE or DHS means that the organization is likely being investigated by federal law enforcement agencies and has three days to respond. Several things can trigger a Notice of Inspection, including:

• A history of previous I-9 violations
• Tips from current or former employees
• Audits by other government agencies, such as the IRS
• Discrepancies in employee payroll information or E-Verify details
• Avoiding worker liability by engaging the services of subcontractors

Understanding why your company is facing a sudden audit notice could help you identify the best defense. If there is an established pattern of intentional violations, you could face prosecution.

How to Protect Your Business During an I-9 Inspection

Receiving an I-9 audit notice can be stressful, but you have three days to mitigate any problems. However, the next steps you take are even more important. The first and most important is to review all employees’ I-9s for accuracy, ensuring there is no data mismatch or other discrepancies. Where errors exist, it is best to reconcile these before submission. 

You could also consider establishing an I-9 compliance routine where all documentation is periodically reviewed for accuracy and up-to-date information. Alternatively, hiring one of our experienced I-9 audit lawyers to handle the entire process on your behalf could strengthen your defense.

Call an I-9 Audit and Compliance Lawyer to Help With NOI Requests

We understand that an NOI request can be daunting. However, working with a reputable law firm in Houston that understands the 3-day rule for I-9 Notice of Inspection (NOI) requests could provide clarity and confidence.

At Monty & Ramirez LLP, our attorneys could handle everything from employee information review to establishing compliance guidelines that protect your organization from future audits or penalties and limit your criminal exposure.

Because an NOI often attracts an ICE visit to your workplace, we could also help educate your employees about their rights if ICE ever comes to your facility seeking illegal migrant workers. Call our team today to explore your legal options.