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HSI Inspection Chart - Choice Driven Option

I received a...

Notice of Technical and Procedural Failures
Notice of Intent to Fine (NIF)
Notice of Suspect Documents (NSD)
Notice of Discrepancies (NOD)
  1. Homeland Security Investigations (HSI) issues a Notice of Inspection (NOI) completed
  2. Form I-9 Inspection is done to access compliance and/or involvement in criminal activity. completed
  3. Form I-9 failures and/or violations are identified during HSI’s audit
  4. Technical and Procedural Failures identified

Technical and Procedural Failures identified

  1. HSI will issue a Notice of Technical and Procedural Failures Letter.
  2. An employer has 10 business days to correct or ensure the correction of all technical and procedural failures identified by HSI. After 10 business days, any uncorrected Technical and Procedural Failures become substantive violations.

    Failures not corrected within this timeline become substantive violations and can no longer be corrected.

  3. HSI will issue a Compliance Letter - Notification of Inspection Results (NOIR).

    The NOIR will be served upon an employer when the results of the Form I-9 inspection reveal the absence of failures and/or violations with respect to all inspected Forms I-9 and HSI’s confirmation that the employer did not employ any unauthorized noncitizens during the period covered by the inspection.

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  1. Homeland Security Investigations (HSI) issues a Notice of Inspection (NOI) completed
  2. Form I-9 Inspection is done to access compliance and/or involvement in criminal activity. completed
  3. Form I-9 failures and/or violations are identified during HSI’s audit
  4. Substantive Violations identified

Substantive Violations identified

  • Warning Notice can be issued to companies that have minimal substantive violations, with no history of Notice of Intent to Fine (NIF) or Warning Notices, no evidence of involvement in fraud, knowingly hire, or continuing to employ violations.

    This list is not all inclusive.

  1. HSI issues a Notice of Intent to Fine (NIF) to employers with substantive violations, to employers that show continued non-compliance after receiving a Warning Notice, or if the employer has knowingly hire and/or continuing to apply violations.

    This list is not all inclusive.

  1. An employer can appeal NIF through OCAHO within 30 calendar days of receipt of the NIF.
  2. Case will be decided via an OCAHO hearing.
  1. Upon receipt of a NIF, an employer can enter into negotiations and seek a settlement agreement with HSI.
  2. If not, HSI will issue a Final Order to Cease Violations and Pay Fine (ICE Form I-764) within 45 calendar days of service of the NIF if a written request for a hearing is not received on a timely basis.

    There is no appeal from this Final Order.

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  1. Homeland Security Investigations (HSI) issues a Notice of Inspection (NOI) completed
  2. Form I-9 Inspection is done to access compliance and/or involvement in criminal activity. completed
  3. Notice of Suspect Documents (NSD) issued

Notice of Suspect Documents (NSD) Letter will be issued when HSI determines that the identity and/or employment eligibility documents provided to the employer do not relate to the employee who presented the documents or have no record of issuance or are not valid for employment in the United States.

  1. HSI provides the employer and employee(s) an opportunity to provide additional documentation verifying the identity and/or demonstrating valid U.S. work authorization. Companies have 10 business days to respond to HSI.

    And/Or

  2. Employers should provide employee(s) with a copy of Employee Discrepancy Notice letter as it provides the employee(s) with the opportunity to present HSI with additional documentation verifying the identity and/or work eligibility. Companies have 10 business days to respond to HSI.

    And/Or

  3. HSI will issue a Change to Notice if Inspection Results Letter after examining the new information provided by a company in response to NSD and/or NOD letters received, HSI determines that the employees are authorized to work in the United States.

    And/Or

  4. HSI will issue a Confirmation of Notice of Inspection Results Letter when a company provides no additional information or after HSI reviews all additional information provided by a company in response to NSD and/or NOD letters received, HSI determines these employees are unauthorized to work in the United States.

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  1. Homeland Security Investigations (HSI) issues a Notice of Inspection (NOI) completed
  2. Form I-9 Inspection is done to access compliance and/or involvement in criminal activity. completed
  3. Notice of Discrepancies (NOD) letter issued

Notice of Discrepancies (NOD) Letter will be issued when HSI identified a discrepancy related to the identity of an employee and/or an employee’s eligibility to work in the United States can not be determined by HSI based on the documents presented.

  1. HSI provides the employer and employee(s) an opportunity to provide additional documentation verifying the identity and/or demonstrating valid U.S. work authorization. Companies have 10 business days to respond to HSI.

    And/Or

  2. Employers should provide employee(s) with a copy of Employee Discrepancy Notice letter as it provides the employee(s) with the opportunity to present HSI with additional documentation verifying the identity and/or work eligibility. Companies have 10 business days to respond to HSI.

    And/Or

  3. HSI will issue a Change to Notice if Inspection Results Letter after examining the new information provided by a company in response to NSD and/or NOD letters received, HSI determines that the employees are authorized to work in the United States.

    And/Or

  4. HSI will issue a Confirmation of Notice of Inspection Results Letter when a company provides no additional information or after HSI reviews all additional information provided by a company in response to NSD and/or NOD letters received, HSI determines these employees are unauthorized to work in the United States.

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