DHS has recently provided updated guidance on acceptable receipts for the purposes of Form I-9. Over the past several months, DHS has worked with its interagency partners ICE and DOJ’s Immigrant and Employee Rights Section (IER) to provide employers with updated guidance on acceptable receipts. DHS has stated the following with regards to updates:
· When employees present a receipt showing that they applied to replace a List A, B, or C document that was lost stolen or damaged, they should show their employer the replacement document for which the receipt was given. However, this is not always possible due to document delays, changes in status, or other factors.
· If the employee does not present the original document for which the previously provided receipt was issued but presents, within the 90-day period, another acceptable document (or documents) to demonstrate his or her identity and/or employment authorization, employers may now accept such documentation.
In cases where an employee presents a document (or documents) other than the actual replacement document, the employer should complete a new Section 2 and attach it to the original Form I-9. In addition, the employer should 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.
If you have any questions regarding this process or are in need of guidance in how to best comply with the I-9 requirements, you can set up a consultation with any of our Reddy & Neumann, P.C. attorneys.