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What is a Notice of Inspection (NOI) to Review Employer I9 Forms?

The Immigration Reform and Control Act (IRCA), enacted in 1986, requires employers to verify the identity and employment eligibility of their employees and sets forth criminal and civil sanctions for employment-related violations. For current employees, employers are required to maintain for inspection the original Form(s) I-9 on paper or as an on-screen version generated by an electronic system that can produce legible and readable paper copies.

When an administrative inspection process is initiated, employers are served with a Notice of Inspection (NOI). Employers receive at least three business days to produce the Form(s) I-9 requested in the NOI. Currently, employers who physically examine the documentation presented by new employees may choose to make and retain copies or scans of the documentation presented by employees for the purpose of completing the Form I-9. However, employers that use E-Verify must make and retain copies of documentation presented by employees for List A of the form I-9. If copies of an employee’s Form I-9 documents are retained for reasons unrelated to E-Verify requirements, they must be retained for all employees, regardless of actual or perceived national origin, citizenship, or immigration status, or the employer may risk violating anti-discrimination laws.

When an employer responds to an NOI by producing Form(s) I-9, Homeland Security Investigation (HSI) agents and/or auditors conduct an inspection of the Form(s) I-9 for compliance. When HSI finds technical or procedural failures, the employer receives at least 10 business days to make corrections. An employer may receive a monetary fine for all substantive violations and uncorrected technical or procedural failures. Employers who are found to have knowingly hired or continued to employ unauthorized workers will be required to cease the unlawful activity and may be civilly fined and/or criminally prosecuted. Read more about the Form I9 Inspection process (ICE). Also, learn how civil money penalties are assessed for technical or procedural failures/violations.

To help employers meet compliance responsibilities, Consultstu provides I9 audit services and immigration reviews, including the independent reviews required for Publix Suppliers and Contractors.

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