E-Verify and Form I-9 Requirements: Flooding in Louisiana and Texas

Q: Are employers required to complete Form I-9, Employment Eligibility Verification, and create a case in E-Verify for newly hired employees impacted by flooding in Louisiana and Texas?

Form I-9

Yes. As required by section 274A of the Immigration and Nationality Act, employers must complete Form I-9 to document verification of the identity and employment authorization of each new employee hired after Nov. 6, 1986, to work in the United States.

Employers must ensure that their newly hired employees properly complete and sign Section 1 of Form I-9 no later than their first day of employment. Employers are required to physically examine the employee’s document(s) and complete and sign Section 2 of Form I-9 within three business days of the employee’s first day of employment. 

If a new employee’s document has been lost, stolen or damaged, he or she may present a receipt showing he or she has applied for a replacement lost, stolen or damaged document within three business days of the first day of employment. A receipt fulfills the verification requirements of the document for which the receipt was issued (List A, List B, List C document) and is valid for 90 days from the date of hire. If a receipt was presented, the employee must present the replacement document for which the receipt was issued within 90 days from the date of hire.

Receipts are not acceptable if employment lasts fewer than three business days.

When an employee provides an acceptable receipt, the employer should:

• Record the document title in Section 2 under List A, List B or List C, as applicable;

• Write the word “receipt” and the document title and number in the Document Number space; and

• Write the last day that the receipt is valid in the Expiration Date field. 

When the employee presents the replacement document, the employer should:

• Cross out the word “receipt” and any accompanying document number and expiration date;

• Record the number and other required document information from the actual document presented; and

• Initial and date the change.

Employers may accept receipts if reverification is required for a current employee. A receipt must be presented by the date the employee’s employment authorization expires. The employee must present the actual document within 90 days from the date the original employment authorization expires.

Rules that govern receipts can be found at 8 CFR 274a.2(b)(1)(iv), on page 4 of Form I-9, on page 7 of the M-274, Handbook for Employers, (PDF) and on I-9 Central at www.uscis.gov/I-9Central.

See the FEMA fact sheets for information on replacing lost or damaged documents in Louisiana (PDF) or Texas.

E-Verify

E-Verify remains available to employers in Louisiana and Texas who are affected by the flooding, both directly through the E-Verify web portal and through E-Verify employer agents. E-Verify recently upgraded its responsive web design to improve site usability on remote devices, including laptops, phones and tablets. If you have any questions or issues related to using E-Verify from a remote location, please contact the E-Verify Contact Center at 1-888-464-4218 (for employers) or 888-897-7781 (for employees).  

Employers cannot create a case in E-Verify using a receipt presented by the employee showing that he or she has applied to replace a document that was lost, stolen or damaged. The employer must wait until the employee presents the actual document for which the receipt was presented before he or she can create a case in E-Verify for the employee. If you are unable to create a case within three business days of hire, E-Verify will prompt you to enter the reason for the delay. When E-Verify asks for the reason why this case has not been submitted within three business days, select ”Other” and type “Receipt provided. Awaiting actual document” in the field provided.