LawLogix I-9 Audit Response Service
As worksite enforcement and Form I-9 audits continue to expand nationwide, employers must plan for the inevitable: a Notice of Inspection (NOI) compelling the employer to produce the Forms I-9 and other related documents for inspection within 3 business days (or 72 hours). Employers with paper Forms I-9 will typically need to scramble all available resources to locate the I-9s, gather the forms for attorney review, and make copies before delivering to the government. In many instances, employers will find that they have missing or incurable forms, which can lead to substantial penalties and fines.
Employers using electronic I-9 software must also consider how their system will be viewed and inspected by Immigration and Customs Enforcement (ICE) or other government agencies. If an electronic I-9 system fails to comply with any of the regulatory standards set, ICE may deem the entire system as “non-compliant” and invalidate all of the I-9 records created in that system.
8 C.F.R. § 274a
Under the codified regulations, an employer using an electronic I-9 system must be able to retrieve and reproduce (including printing copies on paper, if requested) only the Forms I-9 electronically retained in the electronic storage system and supporting documentation specifically requested by an agency of the United States, along with associated audit trails. The agency may also request electronic summary files containing all of the information fields on all of the electronically stored Forms I-9 and other documentation which establishes both the business processes for creating or amending I-9s and the authenticity and integrity of the electronic records.
Superior documentation of the electronic I-9 system
Reports from the field make it clear that ICE agents may scrutinize electronic I-9 records and demand documentation concerning how the electronic I-9 system works. If additional information is requested, we can provide the following:
- Forensic-level Audit trails for any electronic I-9 when it was created, completed, updated, modified, altered or corrected
- Summary spreadsheet of all information fields on all electronically stored I-9s
- Standard operating procedures – how Guardian works, including the indexing system, audit trail, and electronic signature methodologies
- Description of security features that ensure only authorized personnel have access to the system
- Description of user privileges to show the risk of unauthorized or accidental alteration/erasure of records is minimized
A comprehensive approach backed by a network of experienced attorneys
LawLogix has the largest network of practicing AILA attorneys who have seen hundreds of ICE audits during the past few years. Based on their feedback, we know what ICE is looking for in an electronic system and have trained personnel ready to work with you and your counsel at a moment’s notice. We understand the importance of a timely and correct response, and make NOI Responses a top priority.