California Steel Company Faces ICE I-9 Audit
Pacific Steel Casting Company in Berkley, CA is the subject of an ICE I-9 audit this month. According to sources, “Pacific Steel is participating in an employment eligibility audit by U.S. Immigration and Customs Enforcement, the investigative arm of Department of Homeland Security. The audit seeks to verify the employment eligibility of employees through the evaluation of Employment Eligibility Verification Form I-9s that employees submit.”
Pacific Steel is now preparing the documents necessary for the audit. Employers that receive a Notice of Inspection (NOI) generally have three (3) days to gather all I-9 documents and associated materials requested. Typically, ICE requires the employer to provide the following (within 3 days):
- Original I-9 Forms for all current employees hired after November 6, 1986
- Original I-9 Forms for all terminated employees terminated within last 3 years
- A list of all current employees and terminated employees from last 3 years, containing SSNs, hire dates, termination dates
- Copies of quarterly wage and hour reports and/or payroll data for all employees noted above for the last four quarters
- Quarterly tax statements (IRS Form 941) for the last four quarters
- Business information, including: Employer Identification Number, Tax ID Number, owner’s SSN, owners address, email address and articles of incorporation
- Copies of any and all correspondence from the Social Security Administration (SSA) to employer regarding mismatched or no match SSNs (“no-match letters”)
- Documentation that company is currently or was previously participating in E-Verify or the Social Security Number Verification Service (SSNVS).
That is quite a laundry list to gather within three days!
This is another reason why it is critical that employers use a professional I-9 auditing firm, such as Form I-9 Compliance, LLC, to conduct an I-9 review/audit before you receive an NOI from ICE. You want to make sure you clean up any potential issues before you receive an NOI, because it will be very difficult to do so within the 3 day time period you have after you receive it.