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What an ICE I-9 Audit Looks Like From Notice of Inspection to Resolution

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JV

Reviewed & verified by A. Jason Velez, Esq.*

Founding Attorney, 1LAW · Last reviewed September 23, 2026

Legal Inquiry

Consumer Legal Issue

What does a typical I-9 audit look like from the Notice of Inspection through resolution?

Attorney Answer

There is no reliable week-by-week schedule, but the fixed points are these. Notice of Inspection: you must be given 'at least three business days notice prior to an inspection of Forms I-9' (8 C.F.R. § 274a.2(b)(2)(ii)); on receipt, preserve records, call counsel, and calendar the production date. ICE reviews the forms and may follow up with a Notice of Suspect Documents, Notice of Discrepancies, Notice of Technical or Procedural Failures, Warning Notice, or Notice of Intent to Fine. Technical or procedural failures carry a cure period of 'not less than 10 business days' from ICE's written explanation (8 U.S.C. § 1324a(b)(6)); substantive failures do not. A Notice of Suspect Documents requires action: in the Tenth Circuit, failing to re-verify the named workers with acceptable documents after such a notice is constructive knowledge (Split Rail Fence Co. v. United States).

A Notice of Intent to Fine starts the penalty proceeding; a hearing before an administrative law judge must be requested 'within 30 days from the service of the Notice of Intent to Fine' (thirty-five days if served by ordinary mail), or ICE issues 'a final order from which there is no appeal' (8 C.F.R. § 274a.9). Contested OCAHO proceedings and any court of appeals review (as in Ketchikan Drywall) take months to years. Current penalty ranges, with no 2026 inflation adjustment: $288 to $2,861 per individual for paperwork violations; $716 to $5,724 per unauthorized worker for a first knowing-hire order, rising for repeat orders (28 C.F.R. § 85.5; 8 C.F.R. § 274a.10).

Cases Cited

Published decisions relevant to this issue, provided as legal background rather than advice about any particular case.

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Frequently Asked Questions

How much time does an employer get after a Notice of Inspection?

At least three business days to produce the Forms I-9 (8 C.F.R. § 274a.2(b)(2)(ii)). Preserve records, call counsel and calendar the production date.

What is the deadline after a Notice of Intent to Fine?

A hearing must be requested within 30 days of service, or 35 days if served by ordinary mail. Otherwise ICE issues a final order that cannot be appealed (8 C.F.R. § 274a.9).

What are the current I-9 fines?

$288 to $2,861 per individual for paperwork violations and $716 to $5,724 per unauthorized worker for a first knowing-hire order, higher for repeat orders, with no inflation adjustment in 2026.

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