Form I-9: Navigating the Receipt Rule

In the intricate realm of U.S. immigration compliance and ongoing delays with document production by various agencies and organizations, understanding the Form I-9 and E-Verify receipt rules are critical.

Let’s delve deeper into this rule, exploring its applications and recent updates to ensure your onboarding process remains compliant.

What is the Receipt Rule?

It allows employers to accept a receipt showing that the employee applied to replace a document that was lost, stolen or damaged in lieu of presenting the actual List A, B, or C documentation.

The receipt fulfills the verification or re-verification requirements of the document for which it was issued (List A, List B, or List C document) and remains valid for 90 days.?

After the 90 days from the hire date or by the date the employment authorization expires, the employee must present the replacement document for which the receipt was issued, or another acceptable document or documents.

The receipt must come from the originating agency issuing the replacement document.? The receipt rule is not applicable if the employment will last less than three business days.?

Can I accept a different document than the one for which the receipt was issued?

Yes.? If you accept a document other than the actual replacement document, record the document information on Section 2 of a new Form I-9 and attach it to the original Form I-9.

For example, If the receipt is for a List A document (such as a U.S. passport) but the employee cannot present the actual replacement List A document by the end of the 90-day receipt period, then the employee may choose to present a different document from List A (such as a U.S. passport card), or one document each from List B (such as a Driver’s License) and List C (Unrestricted Social Security Card) to satisfy the Form I-9 requirements.

How to Document on the Form I-9 when the employee provides an acceptable receipt for initial verification?

To document an acceptable receipt for the actual document:

• Enter the word “Receipt” followed by the document title in Section 2 under List A, List B, or List C, as applicable and note the last day the receipt is valid in the Expiration Date field.

• After the receipt expires or when the employee provides the replacement document, cross out the word “receipt” and record the Additional Information box in Section 2 the information from the document presented and initial and date the entry.

If the employee presented different but acceptable documentation than the actual replacement document, complete a new Section 2 and attach it to the original Form I-9 and note in the Additional Information box of the Form I-9 the reason why a documentation other than the replacement document was presented – for example, document delays, changes in status, or other factors – and sign and date the note.?

Can I accept a receipt for an Employment Authorization Document (EAD) application or EAD Extension under this rule?

No.? A receipt indicating that an employee has applied for an EAD or an extension of an EAD cannot be accepted as a valid receipt under the Form I-9 receipt rule.?

Can I accept a second receipt at the end of the initial receipt validity?

No.? Accepting a second receipt is not allowed.?

How Does the I-9 Receipt Rule Interact with E-Verify?

Employers should not create an E-Verify case until the employee provides you with the replacement document. ? If E-Verify prompts you for the reason for the delay, select “Other” and enter “Receipt provided. Awaiting actual document” in the designated field. ? If the replacement document differs from the document for which the receipt was issued, complete the case with the information from the replacement document.?

In our fast-paced world, where immigration rules are much slower, understanding the Form I-9 receipt rule is pivotal to facilitate the onboarding process while ensuring that employers can stay in compliance.?

If you want to continue to gain I-9 knowledge in a more strategic, time efficient and highly impactful way, you do not want to miss the opportunity to take my I-9 Workshop for 50% off.?

You’ll have from November 24th until November 30th to claim the offer, so get those dates on your calendar + set your reminders NOW!

*Learn more about my I-9 Workshop Here!