The Department of Labor and the agency’s Wage and Hour Division (WHD) may have been involved in the recent increase in ICE I-9 worksite inspections.  It is our feeling that DOL and ICE are working collaboratively to identify employers who misclassify foreign nationals as independent contractors.  The recent ICE audits may be a precursor to a planned WHD employee misclassification audit later this year.

If an employer receives a Notice of Inspection from ICE, it is highly recommended to contact an attorney prior to speaking to or providing documentation to ICE agents.  Appropriate counsel may be able to advise employers in reviewing I-9’s and, potentially, payroll documentation.