Reminder to Employers Regarding Use of Receipts for the Replacement of Lost, Stolen, or Damaged Documents on Form I-9

DHS announced it will continue to enforce compliance with Employment Verification laws despite natural disasters pending any further announcements.

A Form I-9 must be completed for any person who provides labor or services in the United States in return for wages or other remuneration which commenced after November 6, 1986. Section 1 of the Form I-9 must be completed at the time of hire, which means before the end of the first business day of work. Section 2 of the Form I-9 must be completed within three business days of the date of hire. If an employee will work for less than three days, Sections 1 and 2 must be completed on the first day of employment.

A receipt showing that the employee has applied for a replacement identity or employment authorization document because their original was lost, stolen, or damaged will satisfy the Section 2 or 3 document requirements. However, an employee must present either the replacement document or another document from the List of Acceptable Documents within 90 days from the date of hire or expiration of employment authorization (if for reverification).

To document an acceptable receipt in Section 2 or 3, employers must:

  • Enter the document title in Section 2 or 3 under List A, B, or List C, as applicable;
  • Enter the word "receipt" and the document number in the document number field; and
  • Enter the last day the receipt is valid in the expiration date field (generally 90 days from date of hire).

After 90 days, the employee must either submit the replacement document for inspection or other acceptable Form I-9 documentation. If the employee presents the replacement document, the employer should:

  • Cross out the word receipt;
  • Enter the information from the new document (title, document number, issuing authority, and expiration date) in the Additional Information field of Section 2; and
  • Initial and date the additional information field of Section 2.

If the Employee presents other acceptable Form I-9 documents instead of the replacement document, the employer should:

  • Enter the document information in Section 2 of a new Form I-9 (ensure that it is the current version);
  • Attach the new page to the employee's original Form I-9;
  • Include an explanation, either on a separate sheet of paper or in the Additional Information field, explaining the situation; and
  • Initial and date the change.

Employers cannot create a case in E-Verify if the employee presents such a receipt. Employers must wait until the employee presents the actual document or other Form I-9 document to create a case in E-Verify. When creating a case in E-Verify, the employer will be asked why the case was not timely submitted, and the employer should select "other" and type "Receipt provided. Awaiting actual document" in the field provided.

The Form I-9 is layered with nuance and the receipt rules are no exception. With this guidance, employers are well-equipped to handle any receipt-related issues that may arise.

Posted: September 14, 2021

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This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.

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