U.S. Citizenship and Immigration Services (USCIS) announced updated Form I-9 guidance this week on the steps employers should follow when employees provide a “receipt” showing they have applied to replace a document that was lost, stolen or damaged.

The new guidance addresses situations where an employee (1) presents a receipt showing he or she applied to replace a lost, stolen or damaged List A, B or C document, but (2) is unable to provide the replacement document for which the receipt was given within 90 days because of document delays, change in status or other factors.

In these situations, according to the new guidance:

  • Employers are now allowed to accept another permissible document or documents to demonstrate and employee’s identity and/or employment authorization, so long as it is provided within the 90-day time period.
  • In these cases, the employer should complete a new Section 2 and attach it to the original Form I-9. The employer should also provide a note of explanation either in the “Additional Information” box included on page 2 of the Form I-9 or as a separate attachment.

Additional Information: For the full guidance on acceptable document receipts, please visit this USCIS website.

This alert has been provided by BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

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