Upon receipt of the Notice of Inspection, the employer has three (3) days within which to produce all the documents required by ICE. This includes all Form I-9, all supporting documents submitted as part of the Form I-9 compliance and other documents such as payrolls, list of all employees, articles of incorporation or other business licenses and business registration documents.
The three-day period is counted from the date that the Notice of Inspection is received by you and the date specified in the notice as the date that the ICE employee will conduct the inspection. The ICE Auditor may request that the inspection take place at your worksite – you may consent to this or decline. Usually, inspections are conducted at the ICE Field Office nearest the worksite.
The employer will be required to send the ORIGINAL I-9 forms and the copies of the supporting documents. It is important to gather all the documents requested, make scanned copies and photocopies of the gathered documents. Have the ICE Auditor sign a receipt acknowledging receipt of the originals.
It is important that the employer is given all the three-days to prepare for the inspection. If the employer was not given three-days to prepare for the inspection and the employer is later found to have committed violations, then this may be a circumstance that can mitigate the penalties.
The employer is free to waive the three-day period and allow the ICE agents who brought the Notice of Inspection to conduct the inspection immediately. This is done by signing the waiver at the bottom portion of the Notice of Inspection.
Note, however, that while the ICE agents who served the Notice of Inspection can ask the personnel at the front desk or reception of your workplace to acknowledge receipt of the Notice of Inspection, they cannot and should not sign the waiver unless they are authorized to do so by their company.