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Ask The Expert

It’s just two pages, how hard could it be?

When it comes to the Form I-9 we know how challenging it can be navigating through those tricky I-9 scenarios and legal requirements. To help answer those not so common questions and concerns, we created this Ask The Expert posting that will periodically post questions and answers to your submissions.
Read through the past Q&A below or submit your own question. I-9 industry experts from all over the country will provide their guidance and best practice advice for all of those less common tricky I-9 scenarios.

This page will be updated regularly, click the subscribe button to if you wish to get updates

 In this week’s “Ask the I-9 Expert,” we address a relatively simple (yet important) detail in dealing with a Form I-9 audit by the government. Note that “ICE” refers to Immigration and Customs Enforcement, the branch of the Department of Homeland Security responsible for ensuring that employers comply with their I-9 obligations.

In the context of an I-9 audit, do you have to turn over all I-9’s to ICE when they arrive after the 3 days or can it be limited to the ones that caused them to audit your particular location?
Answer:ICE will typically require that you produce all of the I-9s that they are requesting within the 3-day time period (or an extension thereof if you’re lucky). In terms of the scope, they can ask for all of your current employees, employees hired within the past 3 years, or employees for whom you are legally required to retain the I-9 (which means some terminated files will need to be turned over as well). While it is possible that they might just inquire about 1 or 2 employees (perhaps the ones that raised suspicion), it’s more common for them to ask for everything so they can look for patterns of issues.

Expert Tip: Attorney and I-9 expert Nici Kersey offered these additional tips and suggestions on steps that employers can take now to prepare for an I-9 investigation: “It is crucial that company employees likely to be first approached by government agents, including reception staff, be briefed on the best protocol for handling an investigation or other enforcement action. Well before an investigation occurs, the company should identify the key representatives within the organization who will be responsible for the company’s immediate response to the investigation and develop a plan that provides clear guidance for each individual on his or her duties and responsibilities.”
Have a question for one of our I-9/E-Verify experts? Click Submit A ’Question to post your generalized questions on Form I-9/E-Verify processes and procedures. Each week, we’ll address and discuss the most pressing issues and provide best practices from our network of attorney clients and partners. Would you like to learn more about how an electronic I-9 and E-Verify solution can help you prepare for and respond to an audit? Contact us here to request a demo of Guardian, the only I-9 and E-Verify solution designed by full-time immigration attorneys.
Find more information about I-9 & E-Verify compliance on our blog