I-9 Investigation Overview

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Presentation transcript:

I-9 Investigation Overview Esther Contreras Masuda Funai Eifert & Mitchell, Ltd. 847-734-8811 econtreras@masudafunai.com

Pre-Investigation Issues Majority of companies do not have current immigration counsel Engagement letter Retainer May want to charge on an hourly basis Prepare current clients for ICE arrival

Investigation Starts - Notice of Inspection (NOI) Scope? Ask if need clarification Three days to produce I-9s (do not waive) Contact Agent ASAP - G-28 Documents/information may be asked to produce? Copy everything – get a receipt To correct or not correct? California? https://www.dir.ca.gov/DLSE/LC_90.2_EE_Notice.pdf

Results Notice of Inspection Results (Compliance) Notice of Suspect Documents Notice of Discrepancies Notice of Technical or Procedural Failures Warning Notice Notice of Intent to Fine

Resources Substantive vs. Technical Violations? Calculation of Fines AILA Practice Pointer: Aila Doc. 18040447 OCAHO Cases https://www.justice.gov/eoir/office-of-the-chief- administrative-hearing-officer-decisions AILA Topical List of Cases AILA Doc. 14042455

Other Resources ICE Form I-9 Inspection Overview https://www.ice.gov/factsheets/i9-inspection AILA Committee Liaison Minutes ICE HSI & DOJ IER (OSC) USCIS Verification SSA AILA InfoNet Message Center Forums

Final Recommendations Prepare Your Client Keep communication between Counsel & Agent Meet at your office Extensions of timelines? Beware geographical ICE office/agent differences