I-9 Update: USCIS Broadens Its Policy on Use of Receipts in the Employment Eligibility Verification Process
July 8, 2021

Country / Territory
Related content
Related content
At a Glance
USCIS recently clarified its policy that, if an employee presents a receipt for a lost, stolen or damaged document to complete Form I-9 verification, the employee must return in 90 days to present either the replacement document for which the receipt was issued, or another acceptable document or documents, to complete Section 2 of the Form I-9. If the employee presents a different document or documents than the one for which the receipt was issued, the employer should complete a new Section 2 of the Form I-9 and append it to the previously completed form.
A closer look
Employers are required by law to verify the identity and work authorization of newly hired employees and attest to the verification in Section 2 of the Form I-9. Employers also must reverify renewed work authorization of current employees in Section 3 of the Form I-9 in cases where the previously approved authorization has expired. Form I-9 verification requires the employee to present original documents. However, under the longstanding “receipt rule,” an employee may present a receipt for a lost, stolen, or damaged document and return with the original replacement document within 90 days. Applicable regulation and agency guidance did not address the scenario where an employee presents acceptable document(s) for Form I-9 verification that are different from the document for which the receipt was issued.
In guidance announced on July 7, 2021, USCIS clarifies that the employee may present, within 90 days of the initial verification with the receipt, the document for which the receipt was issued or another acceptable I-9 document or documents. Also according to the new guidance, if a new employee presents a different document or documents than the one for which the receipt was issued, then the employer should complete a new Section 2 of the Form I-9 and append it to the previously completed form. The new policy should also apply to receipts offered for Section 3 during the reverification process, though USCIS’s new guidance does not directly address that section.
The new guidance is being put in place in recognition of the long delays that many employees face in obtaining replacements for lost, stolen, or damaged identity and employment authorization documents. It also introduces some welcome flexibility concerning the receipt rule, but employers must ensure that those responsible for I-9 compliance are aware of this new guidance.
If you have questions about Form I-9 procedures, please contact your designated Fragomen professional or the firm’s Government Strategies and Compliance Group. This alert is for informational purposes only.
Country / Territory
Related content
Related content
Explore more at Fragomen

Media mentions
Senior Manager Jonathan Hill noted that stricter UKVI audits and asylum claim reviews are driving more student visa action plans.

Media mentions
Partner K. Edward Raleigh and Associate Anna I. Perina explore how changing immigration enforcement is affecting workforce planning and compliance for US employers.

Blog post
Corporate Services Manager Asfandyar Sheikh and Assistant Corporate Services Manager Ka-Ying Leung provide guidance for businesses on the legal and procedural requirements for amending their AoA in Saudi Arabia.

Blog post
Counsel Susan Steger discusses how US employers can navigate ongoing green card delays and shifting visa bulletin trends to better support foreign talent and workforce planning.

Media mentions

Awards
WirtschaftsWoche names Fragomen to its "Best Law Firms 2025" list and Partner Axel Boysen to its "Best Lawyers 2025" list in the field of migration law for private individuals.

Awards
Fragomen is ranked in Band 1 in Chambers & Partners High Net Worth Legal Guide 2025.

Media mentions
Partner Rick Lamanna discusses the potential option of decentralizing work permit issuance in Canada, emphasizing the need for clear coordination between the provincial and federal governments.

Video
Fragomen FC hosts are joined by Manager Alexander Hood to examine how immigration rules are reshaping global football, from EPL transfers to the rise of international transfers into the Women’s Super League.

Media mentions
Partner Aaron Blumberg noted that enhanced screening measures, including social media vetting, may be contributing to delays in US student visa processing.

Media mentions
Associate Ilaria Iovieno outlines how recent UK immigration reforms will impact construction employers and their ability to sponsor overseas talent.

Media mentions
Senior Manager Jonathan Hill noted that stricter UKVI audits and asylum claim reviews are driving more student visa action plans.

Media mentions
Partner K. Edward Raleigh and Associate Anna I. Perina explore how changing immigration enforcement is affecting workforce planning and compliance for US employers.

Blog post
Corporate Services Manager Asfandyar Sheikh and Assistant Corporate Services Manager Ka-Ying Leung provide guidance for businesses on the legal and procedural requirements for amending their AoA in Saudi Arabia.

Blog post
Counsel Susan Steger discusses how US employers can navigate ongoing green card delays and shifting visa bulletin trends to better support foreign talent and workforce planning.

Media mentions

Awards
WirtschaftsWoche names Fragomen to its "Best Law Firms 2025" list and Partner Axel Boysen to its "Best Lawyers 2025" list in the field of migration law for private individuals.

Awards
Fragomen is ranked in Band 1 in Chambers & Partners High Net Worth Legal Guide 2025.

Media mentions
Partner Rick Lamanna discusses the potential option of decentralizing work permit issuance in Canada, emphasizing the need for clear coordination between the provincial and federal governments.

Video
Fragomen FC hosts are joined by Manager Alexander Hood to examine how immigration rules are reshaping global football, from EPL transfers to the rise of international transfers into the Women’s Super League.

Media mentions
Partner Aaron Blumberg noted that enhanced screening measures, including social media vetting, may be contributing to delays in US student visa processing.

Media mentions
Associate Ilaria Iovieno outlines how recent UK immigration reforms will impact construction employers and their ability to sponsor overseas talent.