Key Points
- USCIS has issued updated Form I-9 guidance for employers whose employees have receipts confirming application to replace documents that were lost, damaged, or stolen
- The guidance provides instructions for employees who cannot provide the replacement documentation in 90 days
- Employers may use another acceptable document that verifies an employee’s identity and work authorization
- Employers must provide an explanatory note with the employee’s Form I-9 documentation
Overview
US Citizenship and Immigration Services (USCIS) has announced updated Form I-9 guidance for employers whose workers provide a receipt showing they applied to replace documentation that was stolen, lost or damaged.
What are the Changes?
USCIS has issued new Form I-9 guidance for employers if an employee has a receipt showing that he or she applied to replace a stolen, lost, or damaged List A, B, or C document but is unable to provide the replacement document within 90 days due to change in status, document delays and other factors.
USCIS will allow employers to accept another permissible document or documents within 90 days that confirm an employee’s identity and employment authorization. The employer must complete a new Section 2 and attach it to the original Form I-9. An explanatory note should also be added to Page 2 of the Form I-9 document or included as a separate attachment.
Looking Ahead
Employers should visit the corresponding USCIS website for additional information related to the updated guidance.
