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What to Do If Your Business Faces an Immigration Audit

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What to Do If Your Business Faces an Immigration Audit
October 28, 2025

Receiving a notice of an immigration audit can be a stressful experience for any business owner. The prospect of government scrutiny into your hiring practices can feel daunting, but with a clear understanding of the process and proper preparation, you can navigate it effectively. At Zaveri Law Firm P.C., we provide the guidance and support you need during these challenging moments.

If your business is facing an audit, it is important to act promptly and methodically. Here are the key steps to take:

  • Understand the Audit: Familiarize yourself with the type of audit and what government agencies are requesting.
  • Prepare Documentation: Gather all necessary I-9 forms and supporting employment records.
  • Seek Legal Counsel: Consult with an experienced immigration attorney to guide you through the process.

Understanding the Immigration Audit Process

An immigration audit, most commonly a Form I-9 audit conducted by U.S. Immigration and Customs Enforcement (ICE), is a review of your company’s compliance with employment eligibility verification laws. Many business owners ask, “What triggers an immigration audit?” Audits can be initiated for several reasons, including random selection, tips from the public or former employees, or as part of a broader investigation into a specific industry.

Upon receiving a Notice of Inspection (NOI), you typically have three business days to present your I-9 forms for all current employees and, in some cases, for recently terminated ones. This short timeframe is why proactive compliance is so critical.

How to Prepare for an Audit

Your primary task is to gather and organize your documentation. Ensure every I-9 form is complete, signed, and dated correctly. The documents your employees presented for identity and work authorization should be recorded accurately. It is helpful to conduct an internal review of your I-9s before the official inspection to identify and correct any errors. Simple mistakes, like a missing date or an unchecked box, can lead to fines.

A common concern we hear is, “How can I ensure my business complies with immigration laws moving forward?” The best strategy is to establish a consistent internal process. This includes training your HR staff on proper I-9 procedures, conducting regular self-audits, and securely storing I-9 forms separately from general personnel files. Utilizing the E-Verify system can also add another layer of assurance.

The Role of Legal Counsel

Navigating an audit alone can be risky. An experienced immigration attorney can act as your representative, communicating directly with the auditing agency on your behalf. We can review your I-9 forms for compliance, help you correct any errors before submission, and work to mitigate potential penalties. Having a legal professional by your side provides peace of mind and ensures your rights as an employer are protected throughout the inspection.

An immigration audit does not have to result in significant disruption to your business. By understanding the process, preparing your documents diligently, and seeking legal support, you can address the audit with confidence. If you have received a notice or want to ensure your business is prepared, contact Zaveri Law Firm P.C. today. We are here to provide the guidance you need.

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