What to Do When You Get An ICE Notice of Inspection (NOI) | WorkBright

In sports, they often say that the best defense is a good offense—and that logic applies just as much in compliance as it does in sports. Because when ICE comes knocking, you definitely want to have your game plan locked down.

A Notice of Inspection is a formal demand to hand over your I-9 employment records. It’s a compliance process that verifies that your employees are authorized to work in the US.

But if you’re unprepared, or fail to respond efficiently, it can turn a routine check into a cascade of compliance fines.

Here’s your step-by-step guide to handling an NOI in a way that prioritizes speed, accuracy, and long-term risk reduction.

What's at stake: 2025 I-9 penalty amounts

Before diving into your response plan, let's talk numbers. DHS updated I-9 penalty amounts in January 2025, and they're not small.

Knowing hire and continuing to employ violations

These are the most serious violations—knowingly hiring or continuing to employ unauthorized workers.

• First Offense: $716-5,724
• Second Offense: $5,724-14,038
• Third+ Offense: $8,586-$28,619

Paperwork violations

Think paperwork errors are no big deal? Even technical mistakes carry penalties.

• I-9 Paperwork Errors: $288-2,861

These fines are assessed per violation—meaning each problematic I-9 carries its own penalty. For organizations with hundreds or thousands of employees, even a small error rate can translate into significant financial exposure.

Understanding the ICE inspection process: three phases

Before diving into your action plan, it helps to understand the big picture. Every ICE I-9 inspection follows three distinct phases—and knowing where you are in the process shapes how you respond.

Phase 1: notification and preparation

• What happens: ICE delivers the Notice of Inspection—either by hand, certified mail, or (in rare cases) immediate seizure via warrant or subpoena.
• Your timeline: Typically 3 business days to gather and submit your I-9 forms and supporting documentation.
• Your focus: Verify the request, assemble your team, conduct an internal audit, and prepare your submission.

Phase 2: forms inspection

• What happens: ICE reviews your I-9 forms and supporting documents. They're looking for two categories of problems: substantive violations (which affect the employer's ability to verify work authorization) and technical or procedural violations (paperwork errors).
• Your timeline: Varies based on the scope of the inspection and number of forms reviewed.
• Your focus: Respond to any follow-up requests, maintain communication with the ICE auditor, and document all interactions.

Phase 3: results and contest period

• What happens: ICE issues one of six possible notices (detailed below) ranging from full compliance to intent to fine.
• Your timeline: Depends on the notice type. Technical violations: 10 days to correct. Intent to fine: 30 days to negotiate or request a hearing.
• Your focus: Understand your notice, meet all deadlines, and decide whether to correct, negotiate, or contest.

Why this matters: Each phase requires different actions and involves different stakeholders. Knowing where you are in the process helps you prioritize the right tasks and avoid missing critical deadlines.

How to respond to an ICE NOI: A step-by-step guide

1. Confirm the details (but don’t hand over anything yet).

Once an NOI has been served, your first port of call isn’t to hand over your documentation—it’s to verify exactly what’s being asked. This is because ICE may approach employers in a few different ways, and the requirements for each vary:

• NOI: NOIs are an audit procedure. By law, businesses have three business days to provide their form I-9s and other supporting records.
• Warrant: A warrant is legal enforcement action—which means agents have the right to enter areas of your business and seize records pursuant to the warrant’s scope. This is where you need to involve legal counsel.
• Informal visit: If ICE agents visit without a warrant or NOI, you’re under no legal obligation to comply or allow access to information.

Knowing your rights and requirements upfront means you can minimize exposure and risk. Start by confirming the exact due date and the scope of the request.

Most NOIs will cover:

• All form I-9s for current employees
• Form I-9 records for former employees within the retention window (three years after hire, or one year after termination)
• Supporting documentation, including E-Verify records, copies of employee identification, and wage or payroll reports

2. Assemble your response team.

Once the NOI has been confirmed, your next step is to round up the key internal stakeholders who can help you respond quickly and clearly.

Start by notifying legal counsel and senior management—this is a legal and operational risk, and you’ll need sign-off on any response strategy.

Then, loop in any stakeholders who handle employee records, including:

• Finance or payroll, for payroll reports or employee rosters.
• IT, to support on providing access to audit logs and records stored on digital systems.
• External providers, such as E-Verify agents or onboarding platforms, who may store some of your required information.

Remember that more isn’t more here—you’re assembling a small, trusted group to help you deal with the NOI as efficiently as possible. Having an action plan in place ahead of time—with named owners and backups—makes this much easier when the official notice lands.

At this stage, you should also designate a point person—either from HR or legal—to help coordinate your response, manage deadlines, and make sure everything stays on track.

Don't forget: state-level employee notification rules

Here's something that catches multi-state employers off guard: some states require you to notify employees when you receive an NOI from ICE. The specific rules—who you notify, when, and how—vary by jurisdiction.

Before you respond to the NOI, check whether your state has notification requirements. States with employee notification laws include California, Illinois, and New York, among others. These laws may require you to:

• Notify affected employees within a specific timeframe (often 72 hours)
• Provide the notice in the employee's primary language
• Include specific information about the inspection and employee rights
• Post notices in common areas

If you operate in multiple states, you'll need systems in place to handle different notification requirements for different locations. Failing to comply with state notification laws can expose you to additional penalties—on top of any federal I-9 fines.

Action item: Work with legal counsel to understand the notification requirements in every state where you have employees. Build these requirements into your ICE response plan before you receive an NOI—not after.

3. Review the NOI and note the exact requirements.

Time to put your NOI under the microscope and scrutinize its exact requirements, line by line. While it might seem like the opportunity to be proactive and offer up every piece of documentation you have, this could actually expose your organization to further risk or expose further hidden compliance issues.

Knowing exactly which documents you’re on the hook for will mean you provide only what’s requested.

At this stage, you need to answer:

• Which employees are covered by the NOI—is it all current employees? Only those at certain work locations?
• What timeframes does the NOI cover?
• What supplementary documentation is required? Do they need business license documents, payroll records, staff rosters, or internal audit records?

4. Conduct an internal I-9 audit.

With only three days to handle the request, the clock is ticking. Running an internal I-9 audit is the wisest use of your time.

An internal I-9 audit is your guardrail against compliance errors and I-9 penalties. When done well, it’s designed to help you catch the errors that slip through the cracks and put you at risk of fines or legal proceedings.

This might include technical errors—like unintentional typos and omissions—plus more serious ones, including missing or lapsed employee documentation, expired work authorizations, employees requiring reverification, or employees without a valid I-9 on file.

Our full guide and checklist to running an I-9 audit is here, but here’s a high-level overview of what to focus on in your three-day window:

• Gather I-9s and associated documentation according to what’s required on your NOI.
• Identify missing forms, or those with errors.
• Correcting permissible errors under Safe Harbor Principles.
• Document every action you take as part of your audit trail.
• Consult legal counsel if you uncover any issues.

5. Prepare and submit your response.

Once you’ve identified any red flags, it’s time to gather documentation and prepare your response before the three days are up.

Create high-quality copies of the requested documents—keeping the originals safely on file within your organization. To keep the process efficient for all parties, make sure your files are organized, grouped by type, and alphabetized or organized by date of hire.

Then, itemize exactly what you’re sending in a detailed submission log, including the documentation included, how you’re sending it (mail versus in-person), and timeline.

6. Engage with the ICE auditor with your legal counsel.

While you’re working on your response, now’s the time to contact your ICE auditor to clarify the scope, format, and timeline of your submission. This isn’t just a procedural courtesy—it’s a proactive way of demonstrating that you’re collaborating in the process.

After submission, keep a record of all communication exchanges and follow-up requests—especially if ICE flags any issues or missing documentation.

7. Respond quickly to notices post-audit.

Once your ICE audit is complete, you may be issued any of the following:

• Compliance letter: The best-case scenario. You have no outstanding issues that require action.
• Notice of discrepancies: ICE has flagged inconsistencies in some employee records—including name mismatches, identity concerns, or documentation issues. You’ll typically be given a 10-day deadline to work with employees and correct the issues.
• Notice of suspect documents: ICE believes that one or more employees are unauthorized to work in the US. If this happens, you must inform the employees and give them a chance to submit new documentation.
• Warning notice: ICE identified substantive verification violations but has decided not to fine you—typically because they expect future compliance or circumstances warrant leniency. Treat this as a serious wake-up call. Document your corrective actions thoroughly and implement stronger compliance measures immediately.
• Notice of intent to fine (NIF) or penalties: A formal penalty that follows serious or uncorrected violations—such as intentionally hiring unauthorized workers, or serial failure to fill out form I-9s for new hires. You must request a hearing within 30 days of receiving the NIF. Miss this window, and ICE will issue a Final Order requiring payment of all assessed fines. No exceptions.

Deadlines to rectify any errors or compliance issues can range from ten days (corrections) to up to 30 days (compliance issues). Make sure you clarify your deadline in any responses.

8. Put long-term safeguards in place

The best way to be ready for an NOI is staying prepared in the first place. This means implementing always-on internal processes that help you avoid the last-minute scramble, and keep everyone aligned on what to do when an NOI lands at your door.

Regular I-9 internal audits are the best guardrail for continuously assessing your level of compliance and readiness, as well as keeping protocols top of mind for all stakeholders.

You should also audit your audit processes. This might sound a bit meta, but what we mean is that you need to take time to regularly review how your team conducts internal audits and if they’re actually working:

• Where is your audit process suffering from bottlenecks?
• Is everyone clear on their role — and clear on everyone else’s?
• Have new employees been trained on the process?
• Is your audit process built to scale?
• Do you have a clear escalation pathway for issues?

It’s also a great idea to designate a spokesperson and build a solid ICE response plan in the event of a key stakeholder being out of office—including internal comms best practices, speaking to individual employees that have been flagged, and what to do if ICE shows up unannounced.

Finally, in physical office locations or work sites, it’s critical to safeguard your organization in the event of a potential raid by designating public versus private spaces with clear signage.

Make compliance your competitive edge

An NOI process may sound alarming when it lands at your door. But when organizations build the right processes and systems, they can cut out the last-minute scramble, have a clear chain of command, and focus on being audit-ready.

WorkBright’s HR compliance audit services are built for exactly this scenario—helping teams proactively get their game plan ready so that when the ICE request rolls in, you’re ready with organized, compliant, and accurate documentation without the stress.