I-9 Investigations by Government Agencies


This practice note provides guidance on responding to an investigation (i.e., an audit) by a government agency of an employer's Forms I-9. The practice note mainly focuses on the Department of Homeland Security's (DHS) Immigration and Customs Enforcement (ICE) agency, which conducts most I-9 government audits. All U.S. employers are required to verify the identity and work authorization of its U.S. employees hired after November 6, 1986, pursuant to the Immigration Reform and Control Act of 1986 (IRCA). Employers should document employment authorization verification on Form I-9. Further, employers are required by law to maintain the forms for government inspections.