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
Blog post
Media mentions
Senior Associate Isabel Schnitzler outlines the key compliance considerations for employers with employees working across the EU.
Podcast
Associates Stephanie D. Weaver and Julia Manacher examine immigration issues emerging in a popular reality television series, including K-1 visa denials, consular non-reviewability, fraud findings and changing adjudication policies.
Blog post
Manager Dr. Adela Schmidt examines common misconceptions in German citizenship law, including birthright citizenship, dual citizenship, citizenship by descent and naturalization processing, and explains why eligibility often depends on specific legal requirements, timelines and documentation.
Awards
Partner Audrea Golding, Senior Associate Kyle Sommer and Senior Talent Development Director Wendy Milici have been named finalists in the 2026 TLC Lions Human Awards Americas, recognizing their contributions to human-centered leadership, workplace culture and inclusion.
Media mentions
Fragomen and SICPA have launched a global joint venture to develop an end-to-end digital identity platform that enables secure identity verification, document authentication and verifiable credential management.
Media mentions
Senior Counsel Mitch Wexler discusses how potential changes to H-1B visas, employment-based green cards and OPT could impact employers’ workforce planning and compliance obligations.
Media mentions
In a Leaders in Motion interview with World Business Travel Forum, Partner Ali Haider and Nomadic CEO Carsten Østberg discuss recent travel and mobility developments across the Middle East and practical considerations for employers managing cross-border talent in the region.
Media mentions
Partner Rachel Beardsley explains how new DHS guidance clarifies that dairy employers may use the H-2A program when they can demonstrate a temporary or seasonal labor need.
Fragomen news
Fragomen and SICPA announced the formation of a global joint venture to advance next-generation digital identity solutions for governments, enterprises and individuals.
Blog post
Senior Associate Kyle Sommer and Adam Schwartz, Director in the Global Mobility practice at Andersen, discuss how immigration and tax considerations intersect across common US immigration classifications and why early coordination can help travelers, employers and advisors reduce compliance risks and make more informed mobility decisions.
Blog post
Media mentions
Senior Associate Isabel Schnitzler outlines the key compliance considerations for employers with employees working across the EU.
Podcast
Associates Stephanie D. Weaver and Julia Manacher examine immigration issues emerging in a popular reality television series, including K-1 visa denials, consular non-reviewability, fraud findings and changing adjudication policies.
Blog post
Manager Dr. Adela Schmidt examines common misconceptions in German citizenship law, including birthright citizenship, dual citizenship, citizenship by descent and naturalization processing, and explains why eligibility often depends on specific legal requirements, timelines and documentation.
Awards
Partner Audrea Golding, Senior Associate Kyle Sommer and Senior Talent Development Director Wendy Milici have been named finalists in the 2026 TLC Lions Human Awards Americas, recognizing their contributions to human-centered leadership, workplace culture and inclusion.
Media mentions
Fragomen and SICPA have launched a global joint venture to develop an end-to-end digital identity platform that enables secure identity verification, document authentication and verifiable credential management.
Media mentions
Senior Counsel Mitch Wexler discusses how potential changes to H-1B visas, employment-based green cards and OPT could impact employers’ workforce planning and compliance obligations.
Media mentions
In a Leaders in Motion interview with World Business Travel Forum, Partner Ali Haider and Nomadic CEO Carsten Østberg discuss recent travel and mobility developments across the Middle East and practical considerations for employers managing cross-border talent in the region.
Media mentions
Partner Rachel Beardsley explains how new DHS guidance clarifies that dairy employers may use the H-2A program when they can demonstrate a temporary or seasonal labor need.
Fragomen news
Fragomen and SICPA announced the formation of a global joint venture to advance next-generation digital identity solutions for governments, enterprises and individuals.
Blog post
Senior Associate Kyle Sommer and Adam Schwartz, Director in the Global Mobility practice at Andersen, discuss how immigration and tax considerations intersect across common US immigration classifications and why early coordination can help travelers, employers and advisors reduce compliance risks and make more informed mobility decisions.

