- The most important step is to ensure that all employees complete a Form I-9.
- Ensure that all newly hired employees complete a Form I-9.
- Ensure that all Form I-9 are completely and accurately filled.
- Ensure that all Form I-9 are properly signed by both the employee and the employer
- Ensure that all Form I-9 are dated as on the date these were signed.
- Ensure that all original documents submitted in support of the Form I-9 are inspected by a representative of the employer for genuineness.
- Ensure that all original documents are scanned or photocopied by the employer
- Ensure that all scanned and photocopied documents are kept with the Form I-9
- When a Notice of Inspection is received, make sure to inspect the Notice for correct and pertinent information such as the employer’s name and the employer’s address. You do not want to received a notice of inspection that is not addressed to your employer.
- When a Notice of Inspection is received, look at all the documents requested. Make sure you understand what documents they seek to inspect. Limit the documents you provide to those that respond to their request.
- Do not consent for ICE to speak with your employees directly.
- You can request that your employees be removed from the office when inspection is being conducted.
- You can deny ICE the permission to use your office to conduct their inspection so that they cannot access information that is not included in their notice of inspection.
- You can deny them access to personal information of your employees that are not included in the Form I-9
- You can deny them access to other I-9 forms that they had not requested
- Do not waive the three (3)-day period to prepare for inspection. Use the three (3) day period wisely:
- Gather all documents requested by ICE
- Do not give other documents that were not requested.
- Make copies and lists of all documents provided by the employer to ICE
- Photocopy all documents provided to ICE.
- Prepare a receipt for the ICE officer to sign. The receipt must list all documents received by them from you.
- Designate one officer from the company to speak with and deal with ICE
- Consult a lawyer and ask the lawyer to go over the records to identify possible problem areas.
- Prepare to answer questions posed by ICE, knowing that anything you say can and may be used against you.
- When ICE issues a Notice of Discrepancies, make sure you correct the discrepancies as best you can.
- Provide all missing information
- Correct all inaccuracies
- Ensure the correctness of all information provided
- Ensure that all communication with ICE is documented.
- Ensure that you receive hard copies of letters and notices
- Ensure that you be provided with communication that is official through email and/or snail mail.
- Do not communicate over the telephone as there will not be any documentation of anything discussed during a phone call.
