As we reported last week, Immigration & Customs Enforcement (ICE) recently issued 1,000 Notices of Inspection to employers across the US. It appears that in many instances, these Notices are accompanied by a subpoena. Whereas the Notice requires employers to present only their I-9 forms, the subpoenas are much more comprehensive and require employers to produce the following:

 

  • Original I-9 forms and copies of supporting documents
  • Employee roster or payroll
  • Monthly payroll reports
  • Copies of State Wage Detail Reports and Unemployment Insurance Quarterly Tax Reports
  • Copies of Quarterly Tax Statements
  • Independent Contactor Rosters including dates of hire and termination
  • Copies of Tax Form 1099 for all independent contractors
  • Lists of all individuals employed on a sporadic, irregular or intermittent basis and not deemed to be an employee
  • Copies of Social Security Administration Employer Correction Requests
  • Copies of petitions filed with the Immigration Service on behalf of employees
  • Copies of the business’s articles of incorporation, business license and annual reports
  • Employer Identification Number (EIC) and Taxpayer Identification Number (TIN) documentation
  • Copies of all company procedures and/or policies regarding Form I-9 preparation

Employers are also being asked to provide information about use of temporary staffing agencies, participation in E-Verify, and any previous I-9 inspections by the Department of Labor. Employers typically have less than a week to gather, prepare and present all of these items.

If your company receives a Notice of Inspection with or without a subpoena you must act immediately. Contact us, we can help.

If you’d like help getting your files, Form I-9s and policies in place before there is a knock at the door, we can help with that too.