What should a company do after an ICE I-9 Notice of Inspection?

After an ICE Notice of Inspection, a company has at least three business days to produce the Forms I-9 and supporting records the notice requests (8 CFR 274a.2(b)(2)(ii)), so it should call counsel the same day, confirm the exact deadline and scope in writing, and gather the forms exactly as they exist. It must never backdate, alter, or quietly "fix" forms before production, because concealed changes turn paperwork problems into far more serious exposure, while ICE's own process gives employers a separate chance to correct technical errors after the inspection.

What is the difference between a technical and a substantive I-9 violation?

Technical errors are paperwork mistakes an employer may be allowed to correct; substantive violations are fined without a correction period. Since March 2026, ICE treats several common errors as substantive.

Can we correct errors on old I-9s?

Yes, if done properly: strike through the error, enter the correct information, then initial and date the change, or attach a signed explanatory memo. Never backdate or recreate a form.

ICE Worksite Visit Response Plan

A response plan for the day an ICE or HSI agent arrives at a worksite, from the front desk to production.

What it is

When an agent of ICE or Homeland Security Investigations arrives, the first hour is usually handled by whoever is at the front desk. This template names one point of contact, explains the documents an agent may carry, sets the steps for the moment of arrival and for the three days after a Notice of Inspection, and lists the notices that can follow. Lidice Samper reviewed it, and names and contact details are left as fill-ins.

Who it helps

Front desk staff and site managers who would receive the agent
HR and legal teams who would run the response
Companies with several locations that want the same response at each one

What is inside

Roles, with one point of contact and a backup
Five steps for when an agent arrives
A day by day plan for a Notice of Inspection
The notices that can follow, with their deadlines
An editable Word file with the company's choices marked in brackets

This tool is part of Samper Law Insider. Access is free with a work email, and one registration opens every tool.

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Frequently asked questions

What should a company do after an ICE I-9 Notice of Inspection?
After an ICE Notice of Inspection, a company has at least three business days to produce the Forms I-9 and supporting records the notice requests (8 CFR 274a.2(b)(2)(ii)), so it should call counsel the same day, confirm the exact deadline and scope in writing, and gather the forms exactly as they exist. It must never backdate, alter, or quietly "fix" forms before production, because concealed changes turn paperwork problems into far more serious exposure, while ICE's own process gives employers a separate chance to correct technical errors after the inspection.
Accurate as of September 25, 2026 | From ICE Served a Notice of Inspection. Your Three Day Response Checklist.
What is the difference between a technical and a substantive I-9 violation?
Technical errors are paperwork mistakes an employer may be allowed to correct; substantive violations are fined without a correction period. Since March 2026, ICE treats several common errors as substantive.
Accurate as of November 12, 2026 | From Frequently Asked Questions
Can we correct errors on old I-9s?
Yes, if done properly: strike through the error, enter the correct information, then initial and date the change, or attach a signed explanatory memo. Never backdate or recreate a form.
Accurate as of November 12, 2026 | From Frequently Asked Questions

General information, not legal advice. The template must be adapted with counsel before a company adopts it. Registering or using it does not create an attorney-client relationship.