ICE to Reinstate IMAGE Program Questionnaire to Reduce Undocumented Employment; 30-Day Comment Period Open

U.S. Immigration and Customs Enforcement (ICE) has formally moved to reinstate, without changes, the information-collection requirements for its long-standing voluntary employer partnership known as IMAGE – the ICE Mutual Agreement Between Government and Employers.​

Published today in the Federal Register (90 FR 52990), the 30-day notice marks the final step in renewing OMB Control Number 1653-0048, which covers Form 73-028, the IMAGE Self-Assessment Questionnaire. The form is the required first step for any company that wishes to apply for official IMAGE certification, and a final 30-day public comment period is now open through December 24, 2025.​

The IMAGE program, launched in 2006 by ICE’s Homeland Security Investigations (HSI) division, is a fully voluntary partnership between the federal government and private-sector employers. Its primary goal is to strengthen hiring practices, reduce the employment of unauthorized workers, and promote a culture of immigration-law compliance.​

While there is no legal requirement for any company to participate, employers that achieve IMAGE certification agree to adopt a series of “best practices” that go beyond basic Form I-9 obligations. Certified IMAGE members commit to enrolling in E-Verify, using the Social Security Number Verification Service (SSNVS), performing annual internal I-9 audits, submitting to an ICE audit of their I-9 records, and implementing robust protocols for handling no-match letters and potential document fraud.​

In return, participants receive specialized training, direct access to ICE experts, and limited enforcement consideration—often described as “safe-harbor” benefits—so long as they maintain full compliance. To begin the certification process, interested employers must first complete Form 73-028, the Self-Assessment Questionnaire, which helps ICE evaluate a company’s size, industry, current compliance practices, and overall suitability for the program.​

ICE estimates that roughly 66 companies will submit the questionnaire each year, with each response requiring approximately 90 minutes, resulting in a total annual public burden of 99 hours. The agency previously published a 60-day notice on August 18, 2025, and received no comments, making the current 30-day notice the final opportunity for public feedback before OMB renews approval of the collection.​

No changes are being made to either the questionnaire or the underlying IMAGE program requirements. Although fewer than 500 employers have ever become IMAGE-certified, the program remains one of the few formal partnership options ICE offers to the private sector, and many federal contractors and companies in regulated or high-visibility industries continue to view IMAGE membership as valuable evidence of proactive compliance, especially during audits, due-diligence reviews, or supply-chain assessments.