Chugh : Updated Receipt Guidelines for Form I-9

Updated Receipt Guidelines for Form I-9

The United States Department of Homeland Security (DHS) and other federal agencies have released updated guidance on acceptable receipts for Form I-9. All employees are required by law to provide documentation confirming identity and employment authorization. The new rule provides guidance for best practices when an employee provides a document different than indicated on a receipt initially filed with the Form I-9.

Key takeaways include:

If an employee shows a receipt indicating they requested to replace a List A, B, or C document that was stolen, lost, or damaged, they must show the employer the replacement document that corresponds with the receipt within the 90-day acceptance period. Due to delays, status changes, or other external factors, an employee may not be able to immediately produce a replacement document.
If an employee is unable to provide the replacement document within the original 90-day period, they may instead provide another acceptable document. This documentation must validate the employee’s identity and employment authorization.
If an employee provides documentation other than the replacement document, the employer should fill out a new Section 2 and attach it to the original Form I-9. They should also explain the circumstances in the Additional Information box on the second page of the Form I-9, or attach a separate explanation.

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For any questions regarding Forms I-9, acceptable receipts, or other compliance concerns, please contact your trusted Chugh, LLP immigration professional.

Updated Receipt Guidelines for Form I-9

By: Angelita Chavez | July 12, 2021

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