Guidance on use of receipts for replacement document needed to verify Form I-9 was recently updated and published on the U.S. Citizenship and Immigration Service (USCIS) website.
The Department of Homeland Security (DHS) worked with its interagency partners—Immigration and Customs Enforcement (ICE) and the Department of Justice’s (DOJ) Immigrant and Employee Rights (IER) Section to assist employers completing Form I-9 for new employees or recertifying existing employee’s documents.
An employee may present a receipt to show that they applied to replace a List A, B, or C document that was lost, stolen, or damaged. Employees must show their employer the replacement document for which a receipt was given within 90 days. Document delays, changes in status, or other factors may prevent this from happening making the use of receipts a more common practice than it has been in the past.
An acceptable document (or documents) that demonstrate an employee’s identity and/or employment authorization, that is presented within the 90-day period, can be used in place of an employee’s original document in which a previous provided receipt was issued.
When an employee provides a document (or documents) in exchange of the actual replacement document, employers should complete a new Section 2 and attach it to the original I-9 Form. Furthermore, employers should provide a note of explanation in either the Additional Information box on page 2 of the I-9 Form or as a separate attachment. Additional details for completing Form I-9 using receipts and alternate documents can be found on the USCIS website in I-9 Central Acceptable Documents-Receipts.
Emma Dooley is a communication specialist intern at TASB HR Services. Send Emma an email at firstname.lastname@example.org.
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