I-9 ACTION DUE DATES: Important Dates to add to your calendar when you receive a Notice of Investigation (NOI) from ICE

I-9 ACTION DUE DATES:

Important Dates to add to your calendar when you receive a Notice of Investigation (NOI)  from ICE.

1.  I-9 FORMS:

Section 1: by the end of the employee’s FIRST day of work for pay
Section 2: by the end of the employee’s THIRD day if work for pay

2.  I-9 RETENTION

3 years from the date of work for pay -or- 1 year after the employee is terminated

3.  NOI

72 hours

4.  VIOLATIONS

• Procedural and Technical Errors: 10 business days
• Substantive Errors: no grace period
• No-Match Social Security Letters:
• Notice of Discrepancy: must send additional documentation within the timeframe on the notice
• Notice of Suspect Documents: Normally gives employer time to demonstrate the employee has work authorization
• Notice of Unauthorized Alien: if employee can not provide documentation, the employee must be terminated immediately
• Notice of Intent to Fine: to avoid a final order: 30 Days from the date of the NIF Issuance

Add 5 days to response time if the NIF was sent via the US Postal Service.

If you don’t request a hearing within 30 Days, a Final Order imposing fines will be issued after 45 days.

5.  APPEALS

• Request for Administrative Review: must be filed within 10 days of the Administrative Law Judge’s Final Order
• OCAHO has 30 days from the date of the Final Order to Modify or Vacate the order
• Petition to Review to a US Court of Appeals must be filed 45 days from the final agency order

ICE has identified Mock Audits as a Best Practice.  In following their mandate, we are offering a Mock Audit, free-of-charge or obligation to all of our former, current, and prospective clients.  Send us 10% of your I-9’s, which have been RANDOMLY selected (do not send us your best forms, because we need to pinpoint areas of improvement).  Let us help you identify and correct technical, procedural, and substantive errors, so that you can avoid penalties and fines.