What Do I Need to Provide ICE If I Receive a Notice of Inspection (NOI)?
What do I need to give ICE if I receive an NOI? We hear this question all the time. In our experience, this depends slightly on the particular ICE agent that is inspecting your I-9 Forms. Below is a list of items that ICE recently required from one of our clients. (Keep in mind that ICE only gives employers three days to gather all this.)
- Original I-9 Forms for all current employees hired after November 6, 1986.
- Original I-9 Forms for all terminated employees terminated within the 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. Since you only have 3 days to comply, you need to make sure you clean up any potential issues before you receive an NOI, because there won’t be enough time after you receive it.