What do you do when an employee presents you with a temporary ID instead of an original copy of an Acceptable Document in Section 2 of the Form I-9. Section 2 of the Form I-9 requires that original documentation be used to validate the Employee’s employment authorization, however, on occasion a temporary ID may be given in the place of a required document. Below are the types of receipts accepted to replace a document and instructions on how to enter this information in Section 2 of the Form I-9.
There are three types of receipts that can be used:
The first type of receipt that can be used in place of an original document is a receipt acknowledging that the employee has applied to replace a document that was lost, stolen, or damaged. This type of receipt can replace documents from List A, List B, and List C.
The second type of receipt is the arrival portion of the Form I-94 or Form I-94A with a temporary I-551 stamp with a photograph of the individual. This receipt is for a Permanent Resident Card (Form I-551) or “green card” and acknowledges that the Employee is a lawful permanent resident. This type of receipt can be used as a document for the Employment Authorization in List A.
The third type of receipt is the departure portion of the Form I-94 or I-94A with a refugee admission stamp. This type of receipt acknowledges the Employee is a refugee or an “alien authorized to work in the US” which you can confirm from their status in Section 1. This type of receipt is used when an Employee hasn’t received an Employment Authorization Document (Form I-766) or the combination of a List B documents paired with a Social Security Card. This type of receipt can be used as a document for the Employment Authorization in List A.
Types of Receipts that are not acceptable to use as an Acceptable Document are receipts showing that a person has applied for an initial grant of employment authorization or for renewal of employment authorization. These do not apply in any case.
When the Employee presents you with an acceptable receipt, enter the document title as “Receipt” in Section 2 where it applies under the sections List A, List B, or List C.
Next enter the receipt’s document number in the “document #” space. Lastly you will enter the last day valid day of the receipt for the Employee in the “expiration date” space. In the case a receipt does not have an expiration date (such as the third type of receipt), enter “N/A”.
Remember, expired receipts can not be used as an acceptable document. If an Employee presents you with a receipt that isn’t listed above it does not apply and can not be used to replace a document from List A, List B, or List C.