Updated: Jul 28
USCIS updated "Receipts" guidance on June 25, 2021 detailing the steps that employers should take when a foreign national employee provides a “receipt” showing they have applied to replace a document that was lost, stolen or damaged.
What are the applicable scenarios?
The new guidance applies to the following scenarios where the employee -
Provides a receipt showing that they have applied to replace a lost, stolen or damaged List A, B or C document
But fails to provide the new/replaced document for which the receipt was issued, within 90 days
What does USCIS now allow?
In these situations, if the employee were to now provide another permissible document showing their identity/employment authorization, employers can accept such document, as long as it is provided within a 90-day time period.
What additional steps are required?
The employer will have to -
Complete a new Section 2 and attach it to the original Form I-9
Provide a note of explanation either in the "Additional Information" box on page 2 of the Form I-9 or as a separate attachment
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