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

Awards
The 2026 edition of The Best Lawyers in America™ honors numerous Fragomen attorneys for excellence in immigration law, including Partner Sarah K. Peterson, who received the distinguished “Lawyer of the Year” award.

Video
In this video, Senior Manager Ben Morgan offers a comprehensive overview of Greek citizenship by descent—a key pathway for individuals with Greek ancestry to obtain citizenship.

Blog post
Partner Aim-on Larpisal and Senior Knowledge Management Specialist outline key visa options available to international students seeking to study in Thailand, emphasizing strategic planning for a smooth application process.

Fragomen news
Partner Charles Johanes contributed insights to the Australia section of a global immigration and mobility guide.

Media mentions
Pittsburgh Managing Partner Alex Castrodale and Associate Adam Teets highlight the need for US employers to prepare for unannounced immigration compliance checks.

Blog post
Associates Stephanie Fitton and Halil Kaya and Paralegal Marcus Alexander Lang-Rawlings discuss how UK changes to the Skilled Worker visa in 2025 are reshaping sports sector employment.

Blog post
Assistant Business Immigration Managers Jeszel Panistante-Cabral, Elsie Lim and Nellanie Quimson explore the complexities young professionals face entering the workforce and the evolving hiring landscape in Singapore.

Blog post
Director David Iannella discusses Fragomen Germany’s approach to outbound immigration solutions and how the office supports global mobility through visa services and compliance expertise.

Blog post
Corporate Services Manager Asfandyar Sheikh and Assistant Corporate Services Manager Ka-Ying Leung discuss Saudi Arabia’s push for corporate transparency through new ownership disclosure rules.

Video
In this video, we share an overview of Fragomen's posted worker compliance solutions.

Blog post
Partner Jo Antoons and Managers Sara Fekete and Andreia Florina Ghimis explore how digitalization is reshaping European compliance programs and share how organizations can prepare with Fragomen’s support.

Media mentions
Partner Rajiv Naik examines how the UK’s industrial strategy and immigration reforms will reshape talent access and create new opportunities for HR and mobility teams.

Awards
The 2026 edition of The Best Lawyers in America™ honors numerous Fragomen attorneys for excellence in immigration law, including Partner Sarah K. Peterson, who received the distinguished “Lawyer of the Year” award.

Video
In this video, Senior Manager Ben Morgan offers a comprehensive overview of Greek citizenship by descent—a key pathway for individuals with Greek ancestry to obtain citizenship.

Blog post
Partner Aim-on Larpisal and Senior Knowledge Management Specialist outline key visa options available to international students seeking to study in Thailand, emphasizing strategic planning for a smooth application process.

Fragomen news
Partner Charles Johanes contributed insights to the Australia section of a global immigration and mobility guide.

Media mentions
Pittsburgh Managing Partner Alex Castrodale and Associate Adam Teets highlight the need for US employers to prepare for unannounced immigration compliance checks.

Blog post
Associates Stephanie Fitton and Halil Kaya and Paralegal Marcus Alexander Lang-Rawlings discuss how UK changes to the Skilled Worker visa in 2025 are reshaping sports sector employment.

Blog post
Assistant Business Immigration Managers Jeszel Panistante-Cabral, Elsie Lim and Nellanie Quimson explore the complexities young professionals face entering the workforce and the evolving hiring landscape in Singapore.

Blog post
Director David Iannella discusses Fragomen Germany’s approach to outbound immigration solutions and how the office supports global mobility through visa services and compliance expertise.

Blog post
Corporate Services Manager Asfandyar Sheikh and Assistant Corporate Services Manager Ka-Ying Leung discuss Saudi Arabia’s push for corporate transparency through new ownership disclosure rules.

Video
In this video, we share an overview of Fragomen's posted worker compliance solutions.

Blog post
Partner Jo Antoons and Managers Sara Fekete and Andreia Florina Ghimis explore how digitalization is reshaping European compliance programs and share how organizations can prepare with Fragomen’s support.

Media mentions
Partner Rajiv Naik examines how the UK’s industrial strategy and immigration reforms will reshape talent access and create new opportunities for HR and mobility teams.