Twin Cities-area businesses are experiencing a significant uptick in Department of Homeland Security (DHS) Notices of Inspection (NOI) requiring them to produce all relevant Form I-9s for their employees.
Recent shifts in federal immigration enforcement have led to a significant change in how U.S. DHS initiates audits. While NOI were traditionally sent via certified mail, there has been a notable uptick in agents physically appearing at places of business to hand-deliver these notices. As recently reported in the Minnesota Star Tribune article, “Businesses face pressure to respond to immigration enforcement while also becoming a target of it,” hand delivery of NOI is legitimate and should be taken seriously.
Understanding the Purpose of I-9 Inspections
Employers facing an I-9 audit should understand several key aspects of the inspection process:
1. Verification of Work Authorization. The primary purpose of an inspection is to confirm that all individuals on a company’s payroll are authorized to work in the United States.
2. Proper Record-Keeping Retention. The company must maintain compliant I-9 records, meaning they have an I-9 on file for each current employee and for every individual who has worked there within the last three years.
3. Compliant I-9 Completion. Forms must be executed properly, with I-9s completed within three days of an employee’s start date and the proper documents reviewed.
4. Document Authenticity. The records provided to the employer must be authentic. Best practice dictates that employers take photocopies of documents they have reviewed. Basic standards require that records appear reasonably authentic, have not expired, and qualify as listed acceptable I-9 identity documents.
Taking Proactive Steps
Given the drastic increase in the number of audits being conducted, I highly recommend that companies take time now to internally review their I-9s and ensure their documents are in order. This proactive approach can help identify and correct issues before they become compliance problems during an official inspection.
It is worth noting that many of the businesses receiving NOIs are in the construction, hospitality and manufacturing industries. Employers in these industries are encouraged to review their documents internally.
Time-Sensitive Response Requirements
For companies that receive a NOI, time is truly of the essence. Employers have only three business days to produce their I-9s and supporting documents, which presents a narrow window of time to make some corrections and minimize fines. This compressed timeline makes advance preparation even more critical.
If you have received a NOI or have questions about conducting an internal audit or your company’s I-9 practices, please contact me at mreihsen@hjlawfirm.com.
