Employers always retain full control over what they choose to provide auditors with. , The key takeaway is that Form I-9 Compliance should always be immediately notified if any employer using their system receives an audit notice (employers should ensure their staff takes these notices very seriously and not ignore them).
Here's how audits generally go:
- Government agency delivers a "Notice of Inspection" (NOI) letter to employer (note that multiple agencies have jurisdiction to perform audits so its not always the same entity such as ICE)
- Employer has 72 hours to provide auditors with all requested records after receiving letter
- Employer must notify Form I-9 Compliance immediately so that they can export the client's Form I-9 records with their audit-logs (this is not an instant process so time is of the essence)
- Employer then provides the records to the government auditors who then begin their audit work
Form I-9 Compliance also have a dedicated legal department that offers a proactive audit & remediation service, and clients who have undergone their internal audits have successfully passed subsequent federal audits.
For more information, see the Form I-9 Inspection Overview.
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