Receipts in-lieu of List A, B or C Documents
In limited circumstances, an employee may present an acceptable receipt instead of an original List A, List B, or List C document when completing Form I-9. Except when employment will last fewer than three business days, the city must accept an acceptable receipt that the employee presents.
The following receipts are acceptable for Form I-9 purposes:
- A receipt showing that the employee applied to replace a List A, List B, or List C document that was lost, stolen, or damaged.
- The arrival portion of Form I-94 or Form I-94A containing a temporary Form I-551, also known as an ADIT stamp, and a photograph of the individual.
- The departure portion of Form I-94 or Form I-94A containing an unexpired refugee admission stamp, or an electronic Form I-94 showing an admission code of “RE.”
- A receipt for an application for an initial grant of employment authorization or for an extension or renewal of an expiring Employment Authorization Document, Form I-766, is not an acceptable receipt for Form I-9 purposes.
Receipt Validity Periods
A replacement-document receipt is valid for 90 days from the employee’s first day of employment for pay. For reverification, it is valid for 90 days from the date the employee’s employment authorization expires. Before the 90-day period ends, the employee must present the replacement document for which the receipt was issued.
A Form I-94 or Form I-94A with a temporary Form I-551/ADIT stamp and photograph is valid until the expiration date on the stamp. If the stamp has no expiration date, it is valid for one year from the date of admission. Before that period ends, the employee must present the actual Form I-551, Permanent Resident Card.
A refugee Form I-94 or I-94A with an unexpired refugee admission stamp—or an electronic I-94 showing class of admission “RE”—is a List A receipt valid for 90 days from the employee’s first day of employment for pay. Before the 90-day period ends, the employee must present either an unexpired Form I-766, Employment Authorization Document, or a valid List B identity document together with an unrestricted Social Security card.
Recording the Receipt
When recording a receipt in Form I-9 Section 2 or in Supplement B, the city should enter the word “Receipt” and the receipt’s document number, if any, in the applicable document-number field. The city must enter the last day the receipt is valid in the expiration-date field, if an expiration date applies.
When the receipt validity period ends, the city must timely examine the required follow-up document and update the Form I-9 record. The city should not automatically require the employee to present the same document type originally anticipated if USCIS guidance permits another acceptable follow-up combination, such as the List B plus unrestricted Social Security card combination available to a refugee.
E-Verify Note
As the city uses E-Verify, procedures differ depending on the receipt. When an employee presents a receipt for a lost, stolen, or damaged document, the city generally must wait to create the E-Verify case until the employee presents the replacement document. However, the city should create the E-Verify case by the third business day after hire when the employee presents either a qualifying Form I-94 with a temporary I-551/ADIT stamp and photograph or a qualifying refugee Form I-94 receipt.