ICE Notice of Inspection: HR Response Checklist

When ICE issues a Notice of Inspection, you generally have three business days to respond. That timeline alone can make the process overwhelming and stressful. Follow this checklist to learn the actions you must take from the moment the notice lands on your desk, all the way through gathering documents and communicating with ICE officials, to keeping your organization audit-ready in the future.  

When you receive a Notice of Inspection, you have three business days to gather all required documents that ICE has requested. If you don’t have a proper plan in place, that can lead to late nights, scrambling, and an increased risk of errors.

This checklist has a four-phased approach to managing the process if you receive a NOI. From immediate actions all the way through post-inspection process updates to ensure your organization is audit-ready in the future.

Phase 1: Immediate Actions 

• Confirm the notice is legitimate. The notice should include the verified name of an ICE contact and a clear inspection date. 
• Contact your legal counsel before formally responding to ICE.  
• Notify relevant departments that may be impacted, which may include: 
  • HR leadership 
  • Executive leadership 
  • Departments that hold related records, such as payroll and IT 
• Designate a single person to own the response plan and communications.  
• Check if your state requires employee notification of inspection. 
  • States with current notification requirements include California, Illinois, Oregon, and Washington. 

Phase 2: Document Gathering and Internal Audit 

• Read the notice and confirm exactly what’s being requested, which may include:  
  • Employee Form I-9s requested by the NOI. 
  • Timeframe to respond. 
  • Any other supporting documents requested like payroll records, etc.  
• Understand if the request covers current employees or any former employees within the retention window.  
  • The retention window for terminated employees is three years after the date of an employee’s hire, or a year after their termination, whichever is later.  
• Pull I-9 forms for the employees covered in the request and categorize records by current and former employees.  
• Complete an internal self-audit of I-9s to identify any errors or omissions.  
• Correct errors following DHS guidelines. 
  • Note that only employees can correct information documented in Section 1 of the Form I-9.  
  • If you’re using paper I-9s, correct by drawing a single line through the error; then add the corrected information, date, and initial the change. 
  • Don’t use correction fluid, like white out, or erase errors.  
  • Keep detailed documentation in an audit log for all corrections made.  
• Gather other supporting documents included in the request, which may include:  
  • Payroll records. 
  • Employee rosters. 
  • Articles of incorporation. 
  • Business licenses. 
• Contact your ICE auditor if you have any questions about the scope of the audit or the timeline.  
  • Extensions are sometimes granted due to extenuating circumstances.  

Phase 3: Submission and Follow-up 

• Make clean, legible copies of each requested document and keep the originals on file.  
• Consult the NOI for delivery methods. Typically, you can send the requested information via certified mail, hand-delivery, or by contacting the HSI Special Agent to schedule a time for these items to be collected. 
• Create a log that includes what you sent, how it was sent, and the date of the submission.  
• Document all interactions with ICE, including any phone calls and email exchanges.  
• Respond to any additional requests within the timeline ICE provides.  

Phase 4: Long-Term Safeguards and Post-Audit Checklist 

• Review your outcome notice and respond accordingly: 
  • Notice of Suspect Documents: Notify the relevant employee that their documents are invalid, expired, or do not belong to the employee and allow them to submit new documentation.  
  • Notice of Discrepancies: Provide the employee with a copy of the notice and an opportunity to submit new documentation.  
  • Notice of Technical or Procedural Failures: Correct errors within the deadline required (typically at least 10 days).  
  • Notice of Inspection Results (Compliance Letter): If no violations are found, keep the document on file.  
  • Warning Notice: Issued when an employer has committed substantive violations, but ICE has waived any penalties. Document your corrective action immediately. 
  • Notice of Intent to Fine: Notifies the employer of any fines that have been assessed. Request a hearing within 30 days if contesting.  
• Build or refresh your ICE response plan with named owners and backups. 
  • Designate a single point of contact for all ICE communications.  
  • Establish a cross-functional response team (HR, Legal, Payroll, HRIS, IT, Operations).  
  • Create a documented process for responding to a Notice of Inspection.  
  • Build a tracking mechanism to document what is provided to ICE and by whom. 
  • Develop templates for employee, leadership, and agency communications.  
  • Monitor compliance metrics and potential penalty exposure.  
  • Define how corrections will be managed. Maintain documentation of all corrections. 
  • Engage employment and immigration counsel immediately when an NOI is received. 
• Schedule a recurring internal I-9 audit, at least annually.  
• Provide ongoing training for your HR staff and hiring managers. 
  • Educate personnel on proper document verification procedures. 
  • Train employees on how to respond to a Notice of Inspection. 
• Stay current on ICE and DHS changes by checking USCIS’s Form I-9 Related News Page.  
• Temporary Protected Status (TPS): Monitor any changes in TPS here so you can ensure your employees work authorization is current. 
• Centralize I-9 storage. If using an electronic system, confirm that it meets DHS standards, including: 
  • Audit trails 
  • Secure access controls 
  • Protection against unauthorized changes 

Outsource Form I-9 Compliance

Partnering with an I-9 management company can help take some of the pressure off if you receive a NOI. Digital form completion has built-in error checks to make sure you get it right from the start. Electronic records make pulling forms easier. Expert I-9 consultants can provide guidance when you need it the most.

OutSolves I-9 Employment Verification Solution keeps all critical information organized, so it’s easy to locate the moment ICE makes a request. You’ll also have access to an end-to-end I-9 management solution, along with a dedicated consultant, so you’ll have support, whether you’re dealing with a routine onboarding verification or a full-scale audit response.  

Contact us to learn more about how we can support your I-9 program.