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Employers cannot accept receipts if employment will last less than three days.
The "receipt rule" is designed to cover situations in which an employee is authorized to work at the time of initial hire or re-verification, but he or she is not in possession of a document needed for completion of the I-9. Receipts showing that person has applied for an initial grant of employment authorization, or for renewal of employment authorization, are not acceptable.
An individual may present a "receipt" in lieu of a document listed on the Form I-9. The receipt is valid for 90 days unless it pertains to option 2 below. There are three different documents that qualify as receipts under the rule:
U.S. Citizens
- A receipt showing that the employee applied to replace a document that was lost, stolen or damaged
This receipt is valid for 90 days. The employee should present the original document immediately upon its retrieval to update the Form I-9. If the original document is not presented by the expiration date of the Form I-9, the employee should be prohibited from working until the original document can be presented.
Permanent Residents
- The arrival portion of Form I-94/I-94A with a temporary I-551 stamp and a photograph of the individual
A lawful permanent resident may present this List A receipt instead of showing his or her Permanent Resident Card (Form I-551) to show evidence of both identity and employment authorization. This receipt is valid until the expiration date on the stamp, or one year after the issuance date if the stamp does not contain an expiration date. When it expires, the employee must show the employer his or her Permanent Resident Card (Form I-551) immediately upon its retrieval to update the Form I-9. If the original document is not presented by the expiration date of the Form I-9, the employee should be prohibited from working until the original document can be presented.
Refugee
- Departure portion of Form I-94/I-94A with a refugee admission stamp
A refugee may present this List A receipt to show evidence of both identity and employment authorization. This receipt is valid for 90 days. The employee should present either an Employment Authorization Document (Form I-766) or a combination of a List B document and an unrestricted social security card immediately upon their retrieval to update their Form I-9. If the original document is not presented by the expiration date of the Form I-9, the employee should be prohibited from working until the original document can be presented.
Guardian Instructions for Processing I-9s with Receipts
- Select the Document Title that the receipt corresponds.
- Select the "Replacement Receipt" checkbox to indicate a receipt was examined and not an original document.
- The system will auto-calculate the receipt expiration date and pre-pends "Receipt" before the document number.
- Sign and Complete the I-9 as usually done, but you will not be able to "Approve" the I-9.
- The Form I-9 will be placed in the "Receipt Mode" and be placed in the "Top I-9s Needing Further Action" Dashboard and will expire in 90 days.
Guardian Instructions for Updating I-9s Upon Examining Original Documents
- Once the original document is received and examined, go to the "Top I-9s Needing Further Action" Dashboard and click on the "Date I-9 Created" for their I-9.
- Once on their I-9 Page, click the green "Update List B/C Receipt" button.
- Enter the information corresponding to the newly presented original document in the "New Values" section.
- If updating a Social Security Card, do not enter an expiration date as Social Security Cards do not expire.
- If updating a Social Security Card, do not enter an expiration date as Social Security Cards do not expire.
- Click "Update Info."
- Click "Approve Receipt Changes"
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- Enter your Guardian password to approve the receipt update.
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- Click "Mark Approved" to lock the I-9 and create the E-Verify Case.
- Resolve the E-Verify Case while the employee is still present to review any possible issues.