What to do if you are contacted by ICE

ICE will notify your company with a NOI (Notice of Inspection) letter three days prior to their visit. You could also receive a "Call in Letter" 
form G-56 in any case call E Verify LLC for a free consultation. 972-270-9933 or support@everifyllc.com
Contact our office and let one of our experienced staff begin the document review process. 
Review employment forms I-9 and provide the prior two years for our review prior to the start of the ICE investigator field work. 
Provide quarterly state and federal employment tax form 941s for the two years prior to the requested audit period or calendar year. 
 Identify incomplete forms I-9 and attach with supporting proof of citizenship or temporary work authorization from list A,B & C.
Schedule a zoom conference for initial review of your documents with a log in review by our staff.  
Update incomplete I9 forms and have your employee sign and affix the current date.  Do not back date the form. Advise employees they have three days to provide omitted information or be subject to termination                                                       
                                                        How to Contest an I-9 Notice of Intent to Fine (NOF)

E Verify will represent you during the course of the investigation and act to defend against the assessment of any penalty. ICE continues to issue (NOFs) at an unprecedented rate for form I-9 related infractions, you can chose to pay the fine or contest the fine and file for a hearing (within 30 days of receipt of the NOF) before an administrative Law Judge (ALJ) who handles cases related to employer sanctions, document fraud and unfair immigration-related employment practices.  As your third party agent we will meet with ICE during the course of their field work and follow up to any report issued. (Experienced representation is key)


 

Penalties for Immigration-Related Violations Continue to Rise in 2024

Below are the offenses with the new penalties:

Penalty Type

New Penalty amount below

Substantive Form I-9 violations – minimum

$281

Substantive Form I-9 violations – maximum

$2,789

Knowingly employing undocumented – 1st order

$698 to $5,579

Knowingly employing undocumented – 2nd order

$5,579 to $13,946

Knowingly employing undocumented – subsequent

$8,369 to $27,894

Unfair documentary practices

$230 to $2,304

Unfair immigration-related employment practice (discrimination) – 1st order

$575 to $4,610

Unfair immigration-related employment practice (discrimination) – 2nd order

$4,610 to $11,524

Unfair immigration-related employment practice (discrimination) – subsequent order

$6,913 to $23,048

Document Fraud (USC 1324c(a)((1)-(4)) – 1st order

$575 to $4,610

Document Fraud (USC 1324c(a)((1)-(4)) –subsequent order

$4,610 to $11,524

Document Fraud (USC 1324c(a)((5)-(6)) – 1st order

$487 to $3,887

Document Fraud (USC 1324c(a)((5)-(6)) –subsequent order

$3,887 to $9,718

Prohibition of indemnity bonds

$2,789

Employer’s failure to notify DHS of continuing to employ after final non-confirmation

$973 to $1,942

As the penalties continue to rise, it is incumbent on all employers to pay careful attention to their I-9 forms and strongly consider conducting an internal I-9 audit in order to remediate, as much as possible, the I-9 errors. Such an internal I-9 audit may save employers substantial money if audited by ICE. Contact E Verify LLC for more information to avoid unnecessary penalties and sanctions. support@everifyllc.com or call 972-270-9933

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