Form I-9 Update – When I-797 Receipts Are Acceptable

The DHS, in partnership with  ICE and the DOJ’s Immigrant and Employee Rights Section (IER), has announced new guidelines for employers on “acceptable receipts” for Form I-9, Employment Eligibility Verification.

When an employee presents a receipt for the replacement of a List A, B, or C document that was lost, stolen or damaged, they should also present the replacement document for which the receipt was issued.

This, however, may not be possible due to “document delays, changes in status, or other factors.”

Under the new guidelines, if the employee does not present the “original document for which the previously provided receipt was issued,” but presents, within 90 days, a document or documents that proves the employee’s identity, the employer can accept such documentation. The employer should then complete Section 2 and attach it to the “original Form I-9,” with an explanation in the “Additional Information box included on page 2 of the Form I-9 or as a separate attachment.”

The DHS recommends reading I-9 Central Acceptable Documents-Receipts for more information.