or call us at (847) 220-1560
Vigilant Employer Compliance Attorneys for Immigration Audit Preparation
Immigration Compliance Violations Do Not Require Intent to Trigger Penalties
An employer does not need to knowingly hire an unauthorized worker to face enforcement consequences. A technical error on a single Form I-9 or a missed re-verification deadline is enough to trigger civil penalties. Those penalties are assessed per form and increase significantly for repeat violations. Pattern violations can trigger criminal charges, federal prison time, and debarment from government contracts. The compliance obligation does not end at the point of hire.
The Law Offices of Mary Kennedy, an immigration law office that works with businesses of all sizes, provides ongoing employer compliance support covering I-9 management, LCA filings, and E-Verify enrollment, as well as direct representation during government audits. Our attorneys conduct internal compliance audits before enforcement agencies arrive and identify vulnerabilities before they become violations.

Our Employer Compliance Services
- 01
I-9 Compliance Audits
Form I-9 errors found during a government inspection carry immediate financial consequences. Our attorneys conduct internal I-9 audits before enforcement agencies arrive, identifying substantive and technical errors before any Notice of Inspection is issued.Know More - 02
DOL Audit Preparation and Response
A DOL audit covers wage compliance and LCA obligations. Our attorneys assess existing documentation against current regulatory requirements and represent employers throughout the audit process.Know More



Employer Compliance: Key Requirements
Understanding Employer Compliance: Common Questions Answered
What happens during a Department of Labor audit?
A DOL Wage and Hour Division audit typically begins with a written notice and a request for documentation. Auditors review wage records, LCA Public Access Files, and working conditions to verify compliance with H-1B and other nonimmigrant worker obligations. The audit may be random or triggered by a complaint. Findings can result in back pay orders, civil penalties and in serious cases, debarment from future H-1B sponsorship. Our attorneys represent employers throughout the process and prepare documentation packages in advance.
Should my business use E-Verify?
E-Verify is not federally required for most private employers but is mandatory for federal contractors and subcontractors under Executive Order 13465. Several states also require it for all employers or for state contractors. Beyond the legal requirement, enrolling in E-Verify provides documented evidence of good faith compliance during an ICE inspection. Our attorneys assess whether E-Verify applies to your business and manage the enrollment and ongoing compliance process.
How long must I retain Form I-9?
The retention period is the later of two dates, three years from the employee’s hire date or one year from the date of termination. For a long-term employee terminated after ten years, the one-year post-termination rule applies. For a short-term employee terminated after six months, the three-year hire date rule governs. Retaining forms beyond the required period unnecessarily expands audit exposure. Our attorneys advise on compliant retention and secure disposal procedures.
What is the difference between a substantive and a technical I-9 violation?
A technical violation involves a minor procedural error that does not affect the validity of the form, such as a missing middle name or an incorrectly formatted date. Technical violations traditionally allowed a correction window before fines were assessed. A substantive violation affects the core employment eligibility verification, such as missing documentation, unverified identity, or an unacceptable document. Substantive violations carry immediate civil penalties per form with no correction opportunity. As of March 2026, ICE reclassified several previously technical errors as substantive, significantly expanding employer risk.
What should I do if my business receives a Notice of Inspection?
A Notice of Inspection from ICE gives the employer three business days to produce all requested Form I-9 documentation. Do not attempt to correct forms after receiving the NOI, post-notice corrections are treated as evidence of prior non-compliance. Gather all I-9 records, payroll documentation, and any supporting materials requested in the notice. Contact legal counsel immediately. Our employer compliance attorneys have experience responding to NOIs and representing employers through the full inspection process.

