By: Joy Dungca

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.

conclusion

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