My employer is auditing everyone's work papers. What now?

This page covers a government I-9 audit at your workplace. Routine requests for papers when you are hired, or when a work permit expires, are on What papers your employer can ask for. This page is general information, not legal advice. DNLH is not a law office.

What is an I-9 audit?

When you start a job, you and your employer fill out a federal form called Form I-9. It shows who you are and that you may work in the United States. Your employer keeps it on file.

In an I-9 audit, also called an inspection, federal immigration officers send the employer a Notice of Inspection. The employer must then hand over its I-9 forms so officers can compare them with government records.

An audit is different from a raid:

An audit can still lead to job loss for workers whose papers the government questions. It is scary. You also have time and rights, and the steps below help you use them.

Is it the government or my boss?

Ask. It matters.

• A government audit starts with a Notice of Inspection from immigration officers. California law gives you the written notices described on this page.
• An internal review is when the employer decides on its own to check its forms, sometimes with an outside company. California's Labor Code 90.2 notice rules are about government inspections. Your other rights still apply. An employer may not demand more or different papers than federal law requires, or refuse papers that look real.

If your boss cannot show you a written notice, ask in writing: "Is this a government inspection? Please give me a copy of the notice."

What must my employer tell me?

California Labor Code 90.2 says:

Within 72 hours of getting a Notice of Inspection, your employer must post a notice for all current workers. It must be in the language the employer normally uses to talk with workers. It must say:

• Which agency is doing the inspection
• The date the employer got the notice
• What the inspection is about, if known
• A copy of the Notice of Inspection itself

If you have a union, the employer must also give the notice to your union representative.

After the inspection, if the results affect you, your employer must give you a copy of the results within 72 hours of getting them. It must also tell you, in writing:

• What problems were found with your papers
• How long you have to fix them
• The date and time of any meeting with the employer about it
• That you have the right to bring a representative to that meeting

An employer that breaks these rules can owe a penalty of $2,000 to $5,000 for a first violation, and $5,000 to $10,000 for each one after that.

What happens during the audit?

Here are the federal steps, from ICE's I-9 inspection fact sheet:

1. Notice of Inspection. The employer gets at least three business days to hand over the I-9 forms it was asked for.
2. Review. Officers from Homeland Security Investigations compare the forms with government records.
3. Results. The employer can get one or more of these notices:
   • Compliance letter: the forms are fine.
   • Notice of Technical or Procedural Failures: paperwork mistakes. The employer gets at least ten business days to correct them.
   • Warning Notice: problems were found, but officers expect the employer to comply going forward.
   • Notice of Suspect Documents: officers believe the papers a worker showed do not belong to that worker or are not valid for work. The employer and the named worker can each send papers showing valid work permission if they think this is wrong.
   • Notice of Discrepancies: officers could not decide whether certain workers can work. The employer should give the worker a copy and a chance to show more papers.
   • Notice of Intent to Fine: a fine against the employer. The employer has 30 days to ask for a hearing.

In California, the results that matter to you must reach you in writing from your employer, as described above.

What if the results name me?

Do not panic, and do not quit. Do this:

1. Get it in writing. Ask for the written results and the notice that lists your problem, your time to fix it and the meeting date.
2. Call an immigration lawyer or DOJ accredited representative before the meeting. Bring the notice. Ask: "Is there a real error I can fix? What are my risks?"
3. Bring a representative to the meeting. The law gives you that right. This can be a union steward, a lawyer or another person you choose.
4. Fix real mistakes with real papers. Some problems are simple, like a name change or a typo. If you now have new, valid work papers, ask a lawyer how to present them.
5. Never give false papers, and never use someone else's. False papers may give immigration agents a reason to detain you, and they can cause serious legal trouble.

If you cannot show valid work papers, your employer may have to let you go. That is hard news, and it is real. You are still owed every dollar for the work you already did.

Can I lose my job, and what am I owed if I do?

You can. If you do:

• You must be paid all your wages. If you are let go, final pay is owed right away. See Getting your final paycheck.
• Your work rights do not end. The California Labor Commissioner says labor laws protect all workers whatever their status. You can file a wage claim even after you leave the job. See How to file a wage claim.
• Find help for your family. See Lost your job and cannot get unemployment?

What if the audit is really payback?

Watch the timing. If your employer started checking papers right after you complained about pay or safety, or only checked people who spoke up, that may be illegal retaliation. In California, asking for more or different papers than federal law requires, or refusing papers that look real, is an unfair immigration related practice when it is done to punish you.

• File a retaliation complaint with the Labor Commissioner within one year. See What to do if your boss threatens to call immigration.
• If you were singled out because of citizenship status or national origin, you can also call the U.S. Department of Justice worker hotline, 1-800-255-7688 (TTY 711). Charges must be filed within 180 days.

What mistakes should I avoid?

• Quitting before you know what the problem is. You may lose pay and options.
• Handing papers to anyone but your employer without a lawyer's advice.
• Buying papers or "borrowing" a number. False papers may give immigration agents a reason to detain you, and they can cause serious legal trouble.
• Signing a statement about your status, or a resignation, without understanding it.
• Missing the meeting. If you cannot attend, ask in writing for another date.
• Paying a notario who promises to fix your papers. See Warning signs of an immigration scam.

How can I get ready if an audit is coming?

• Keep copies of your own work papers at home, not only at work.
• Name an emergency contact at work. California employers had to offer this by March 30, 2026.
• Make a plan for your family in case you lose your job or are detained. See Make a family preparedness plan.
• Talk with coworkers about who will call the clinic and who will check on families.
• Keep your own record of hours and pay. See Your rights at work.

Questions people ask

Will ICE come to my house after an audit? We cannot promise either way. An audit is about the employer's records. If you are worried, talk with an immigration lawyer and read If immigration agents come.

My employer says I have 10 days to bring new papers. Is that real? Maybe. Ask for the written notice. It must say how long you have. Then call a lawyer right away.

Can my employer fire everyone just because of the audit? Firing people for not having valid work papers can be legal. Firing people to punish them for complaining is not. A clinic can help you sort out which one happened.

Do I have to talk to the officers? You have the right to stay silent with immigration officers. See What to do if ICE comes to your work.

Who can help?

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Legal Aid at Work, Workers' Rights Clinic: free and confidential, for people within its income limits or age 60 and over. East Palo Alto line: (415) 404-9093.
• Community Legal Services in East Palo Alto: immigration help for low income residents of San Mateo and Santa Clara counties. (650) 326-6440.
• California Labor Commissioner: wage claims and retaliation complaints, with interpreters. 833-526-4636.
• San Mateo County Office of Labor Standards Enforcement: free, confidential Labor Advice Hotline, 1-866-870-7725.
• U.S. Department of Justice, Immigrant and Employee Rights Section: worker hotline 1-800-255-7688 (TTY 711).
• More options: Free legal help in the Bay Area.

Is there a checklist I can print?

Losing sleep over a letter is normal. Take the next step, and let people who know this work stand with you.