The I-9 enforcement process starts with the hand-delivery of a Notice of Inspection (NOI) and subpoena on the employer, by Immigration and Customs Enforcement (ICE) demanding the original I-9 forms of all current employees and former employees for a period going back one to three years. Additionally, the NOI will demand a list of all current and former employees including hire and termination dates; payroll records; quarterly wage and hour reports; business information, such as names of owners, Articles of Incorporation, and business licenses; and a list of related companies and subcontractors. An employer should contact their immigration compliance counsel immediately upon being served with a NOI.
An employer has three days to comply with the NOI although it can waive the three-day period. An employer should never waive the three-day period. Often, ICE is willing to provide more than three days, if requested to do so.