Immigration Practice and Government I-9 Audits: Essential Strategies for Ensuring Compliance and Mitigating Risks
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Immigration
- event Date
Tuesday, February 25, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE program will guide business immigration attorneys in preparing for and handling U.S. Immigration and Customs Enforcement (ICE) I-9 audits effectively. The panel will provide an overview of ICE audits as well as proactive measures businesses can take to prepare for such audits.
Ms. Sorensen, special counsel with Foley & Lardner LLP, counsels clients on employment and immigration law and represents their interests in court litigation, administrative hearings, and in other forums. She is a member of the firm’s Labor & Employment and Immigration, Nationality & Consular Law Practices. In addition to her employment counseling and litigation work, Ms. Sorensen handles complex business, family, and citizenship immigration cases before the Department of Homeland Security, Department of Labor, Department of State, other administrative bodies, and the courts. She regularly counsels employers on compliance issues and has successfully defended employers during government investigations on employment and immigration matters.
Mr. Kurten is the chair of Reinhart’s Immigration Law Group and a shareholder in the firm’s Labor and Employment and International practices. His broad experience and ability to connect relationally with clients make him especially effective at seeing possibilities. Because immigration laws and procedures are unique, complex and constantly evolving, Mr. Kurten helps employers stay abreast of developments to ensure they remain in full compliance. He advises large multinational corporations, small private companies and individual investors on transferring international personnel, hiring foreign-born talent with hard-to-find skill sets and establishing new investment enterprises or branch operations. Mr. Kurten helps clients understand how immigration issues impact their business operations, including restructuring plans, hiring decisions and long-term growth. His deep experience enables him to offer proactive legal advice that anticipates potential problems and helps resolve them before they become issues. Mr. Kurten works with a range of industries including manufacturing, health care, research, financial services, technology, education, entertainment, professional sports, consumer goods and agriculture. He collaborates across practice areas, managing the full spectrum of immigration issues by leveraging counsel available from the firm’s labor and employment, employee benefits, international and domestic tax and business organization attorneys to ensure clients can capitalize on all opportunities. Mr. Kurten's experience also includes assisting individuals with bringing family members into the Unites States through the immigration process to obtain U.S. citizenship.
ICE audits, also known as I-9 audits, are conducted to verify that businesses are adhering to employment eligibility verification requirements. These audits involve a thorough review of an employer's I-9 forms and related documentation to verify that all employees are authorized to work in the United States. These audits can be quite invasive, requiring businesses to provide extensive documentation and potentially exposing them to significant legal and financial risks.
The impact of ICE audits on businesses can be substantial. Noncompliance can lead to severe penalties, including hefty fines and, in some cases, criminal charges. Additionally, the disruption caused by an audit can affect daily operations, damage a company's reputation, and lead to a loss of trust among employees and clients. The stress and resource allocation required to respond to an audit can also divert attention from core business activities, further exacerbating the negative effects. As disruptive as audits are, raids, which are a criminal process and which may include undercover plants, armed agents, search and seizure warrants, and exit blockages, are far more disruptive and carry the potential to cripple a business.
Throughout the audit, businesses must navigate complex legal requirements and maintain meticulous records to demonstrate compliance. Understanding what to expect during an audit can help businesses prepare more effectively and mitigate potential risks.
Listen as our authoritative panel breaks down the audit process and provides best practices for navigating the process from receipt of initial Notice of Inspection (NOI) through post-audit actions. The panel will also provide guidance on implementing compliance measures to prevent future issues.
- Introduction: overview of ICE audits and legal framework
- Preparing for an ICE audit
- Internal compliance audits
- E-Verify
- Training
- Document retention
- The audit process
- NOI
- Interaction with ICE agents
- Rights and obligations
- Post-audit actions
- Addressing violations
- Mitigating penalties
- Ongoing compliance
The panel will discuss these and other key issues:
- What are best practices for preparing a business for an ICE audit?
- What steps should be taken upon receiving an NOI?
- What are best practices for interacting with ICE agents during the audit process?
- How should businesses address violations and mitigate penalties after an audit?
- What long-term practices and compliance measures can help businesses prevent future issues?
