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ICE Man Cometh?

Some important news on the immigration front . . .

I-9 Inspection Notices

652 employers across the country will receive an I-9 notice of inspection (NOI) in what Immigration and Customs Enforcement (ICE) is calling a “bold, new audit initiative.”

The 652 NOIs are more than ICE issued all of the last year. The NOIs require employers to provide copies of all I-9s and supporting documents to the local ICE office within a specified time period (typically three business days).

ICE called the investigations “a first step in ICE’s long-term strategy to address and deter illegal employment.”  The 652 employers were selected “as a result of leads and other information obtained through investigative means.” ICE will not publish a list of the targeted employers.

What should employers do?

  • Follow the law — ensure that all I-9s and supporting documentation are properly filled out and maintained.
  • Don’t wait for ICE — audit yourself and take corrective action on any incomplete or defective I-9s in line with ICE and EEOC guidelines.
  • If you get a notice — respond promptly (or seek an extension if you need one). Refrain from tampering with any documents. Keep copies of everything you submit to ICE.

Click here for more on this from ICE or here for our handy Immigration Reform and Control Act (IRCA) Cheat Sheet.

Did the I-9 Form Expire?

In related news, some of you may have noticed that the official I-9 Form expired last week. No need to worry — USCIS announced here that employers may continue to use the current form while it seeks an official extension of the expiration date.

Stay tuned.

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