Responding To I-9 And LCA Audits: Employer Considerations

Government agencies are increasingly auditing employers for compliance with Form I-9 employment verification requirements and Labor Condition Application (LCA) obligations related to H-1B and other work visas. These audits often come with little notice, and mishandling them may result in penalties and business disruption.

Background on I-9 and LCA Audit Procedures

• Form I-9 Audits (NOIs):
  • Employers have three business days to provide I-9s after receiving a Notice of Inspection.
  • Employers should notify counsel before submitting documents.

• LCA Audits:
  • Employers must maintain Public Access Files (PAFs) for H-1B/E-3 employees.
  • Records must be produced upon request, but responses should be managed with counsel.