Vigilant Employer Compliance Attorneys for Immigration Audit Preparation

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.

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.

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.

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.

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.