The “receipt rule” is designed to cover situations in which an employee is authorized to work at the time of initial hire or reverification, but he or she is not in possession of a document listed on the Lists of Acceptable Documents accompanying Form I-9 because the document is lost, stolen or damaged. Receipts showing that a person has applied for an initial grant of employment authorization or for renewal of employment authorization are not acceptable.
Your employee may present a receipt in lieu of a document listed on Form I-9 to complete Section 2 or Section 3 of Form I-9. The receipt is valid for a temporary period. There are three different documents that qualify as receipts under the rule:
1. A receipt for a replacement document when the document has been lost, stolen, or damaged. The receipt is valid for 90 days. In the case of reverification the receipt is valid until the date your employee’s employment authorization expires. At the end of the receipt validity period, the individual must present the replacement document to complete Form I-9.
NOTE: This rule does not apply to employees who present receipts for new documents following the expiration of their previously held document.
2. A Form I-94/I-94A containing a temporary I-551 stamp and a photograph of the individual, which is considered a receipt for the Permanent Resident Card (Form I-551).The individual must present Form I-551 by the expiration date of the temporary I-551 stamp or within one year from the date of issuance of Form I-94/I-94A if the I-551 stamp does not contain an expiration date.
3. A Form I-94/I-94A containing an unexpired refugee admission stamp. This is considered a receipt for either an Employment Authorization Document (Form I-766) or a combination of an unrestricted Social Security card and List B document. Your employee must present an Employment Authorization Document (Form I-766) or an unrestricted Social Security card in combination with a List B document to complete Form I-9 within 90 days after the date of hire or, in the case of reverification, the date employment authorization expires.