Has your company received a letter from the
Department of Homeland Security, Immigration and Custom Enforcement?
If your company receives a Notice of Inspection from the Department of Homeland Security (DHS), Immigration Custom Enforcement (ICE) with or without a subpoena you must act immediately. Contact us, we can help. Our firm will assist with the audit request, and become immediately involved to protect your company’s interests.
While the Notice of Inspection requires employers to present only their I-9 forms, subpoenas are much more comprehensive and require employers to produce the following:
- Original I-9 forms and copies of supporting documents
- Employee roster or payroll
- Monthly payroll reports
- Copies of State Wage Detail Reports and Unemployment Insurance Quarterly Tax Reports
- Copies of Quarterly Tax Statements
- Independent Contactor Rosters including dates of hire and termination
- Copies of Tax Form 1099 for all independent contractors
- Lists of all individuals employed on a sporadic, irregular or intermittent basis and not deemed to be an employee
- Copies of Social Security Administration Employer Correction Requests
- Copies of petitions filed with the Immigration Service on behalf of employees
- Copies of the business’s articles of incorporation, business license and annual reports
- Employer Identification Number (EIC) and Taxpayer Identification Number (TIN) documentation
- Copies of all company procedures and/or policies regarding Form I-9 preparation
Employers are also being asked to provide information about use of temporary staffing agencies, participation in E-Verify, and any previous I-9 inspections by the Department of Labor. Employers typically have less than a week to gather, prepare and present all of these items.
In the last six months ICE has initiated more than double the number of I-9 inspections than it initiated in all of FY2008. Our firm expects this trend to continue and cannot stress strongly enough the need for all companies of all sizes and across all industries to make sure they have comprehensive I-9 training and policies in place before Immigration Customs Enforcements issues a letter. Written I-9 compliance policies and a Form I-9 Comprehensive Audit will assist in preventing fines and criminal liability.
For compliance strategies, or to learn more about our I-9 Compliance Solutions, please contact us.