In July, the USCIS provided employers with updated guidance on acceptable receipts for those documents required in connection with Form I-9. Sometimes, employees will present a “receipt” in place of a List A, B, or C document. An acceptable receipt is valid for a short period of time so the employer can complete Form I-9 even if the employee doesn’t have other required documents. Employers can accept only three types of receipts:

• A receipt showing the employee has applied to replace a lost, stolen, or damaged List A, B, or C document.
   
• The arrival portion of Form I-94/I-94A (Arrival/Departure Record) with a temporary Form I-551 stamp and a photograph of the employee.
   
• The departure portion of Form I-94/I-94A with a refugee admission stamp or computer-generated printout of Form I-94 with admission code “RE.”

By the time the receipt expires, the employee should present the replacement document. If the employee does not present the original document for which the receipt was issued but presents another acceptable document for identity verification and employment authorization, employers must now accept this documentation. If the employee presents a document other than the actual replacement document, the employer must complete a new Section 2, attach it to the original Form I-9, and make a note of explanation in the Additional Information box.

You can view the full guidance here.

By Rebecca D. Bullard, rbullard@dsda.com