What is the I-9 receipt rule?

The I-9 receipt rule allows an employee who cannot immediately present an acceptable document to instead present a receipt showing they have applied for, or are awaiting, a replacement document. The employer records the receipt in Section 2. The employee then has 90 days (or 180 days for EAD auto-extension receipts) to present the actual document.

How long is the I-9 receipt valid?

A standard receipt for a lost, stolen, or damaged document is valid for 90 days from the first day of employment. The employee must present the actual replacement document within those 90 days. The one exception is the receipt portion of Form I-766 (EAD), which automatically extends employment authorization for 180 days while USCIS processes the renewal.

Can a notary receipt or bank receipt be used for I-9?

No. The I-9 receipt rule only applies to three specific types of receipts issued by government agencies in connection with immigration documents: a receipt for a replacement List A, B, or C document; the receipt portion of Form I-766 (EAD); or a foreign passport with a temporary I-551 stamp. Private receipts, notary receipts, and bank receipts are not acceptable for I-9 purposes.

What happens if an employee's 90-day receipt period expires without presenting the document?

If an employee fails to present the actual document within 90 days, the employer must terminate employment to avoid knowingly continuing to employ someone whose work authorization cannot be verified. Simply doing nothing after the receipt expires creates employer liability. Document all follow-up attempts in writing.

Can a receipt be used for initial I-9 verification at the time of hire?

Yes, but only under specific conditions. A receipt can be used at initial verification if the employee's document was lost, stolen, or damaged. It cannot be used if the employee simply does not yet have the document — in that case, the employer cannot hire the individual until they present valid I-9 documentation.

Last Updated: April 2026

Researched by the I9AuditReady Research Team

I-9 Receipt Rule: When Receipts Are Acceptable Documents (2026)

Under federal I-9 regulations, an employee who cannot immediately present an acceptable identity or work authorization document may present a government-issued receipt instead — but only under specific conditions and for a limited time. This guide explains all three types of acceptable receipts, their deadlines, and what employers must do when the clock runs out.

Key rule: A receipt for a replacement I-9 document is valid for 90 days from the first day of employment under USCIS I-9 regulations. The one exception — the EAD auto-extension receipt — provides 180 days under 8 CFR 274a.13(d). After the deadline, the employer must either see the actual document or discontinue employment.

When Receipts Are NOT Acceptable

An employee simply does not have their documents yet — a receipt only applies to lost, stolen, or damaged documents, or specific USCIS-issued notices
The receipt is from a private company, bank, notary, or non-government source
The employer is verifying a re-hire and the prior I-9 is being updated (use Section 3, not a receipt)
The receipt is for a document that is not on the USCIS acceptable documents list (Lists A, B, or C)
The 90-day (or 180-day) window has already passed — the receipt is no longer valid

The 3 Types of Acceptable I-9 Receipts

USCIS recognizes exactly three categories of receipts under the I-9 receipt rule. Each has a different timeline and presentation requirement.

Receipt for a Replacement Document

90-Day Window

When an employee's List A, B, or C document was lost, stolen, or damaged, they may present a receipt issued by the relevant government agency showing they applied for a replacement. This receipt is valid for 90 days from the first day of employment.

Under USCIS I-9 guidelines, a receipt for a replacement document is valid for exactly 90 calendar days from the employee's first day of employment — after which the actual document must be presented.

What counts as this receipt:

Receipt from the Social Security Administration for a replacement Social Security card
Receipt from the DMV for a replacement driver's license (when used as List B)
Receipt from USCIS for a replacement Permanent Resident Card

Employer action: Record the receipt number and issuing agency in Section 2. Set a reminder for Day 85 to follow up. On Day 90, the employee must present the actual document or cannot continue employment.

Receipt Portion of Form I-766 (EAD Auto-Extension)

180-Day Window

When an Employment Authorization Document (Form I-766) holder timely files for renewal before their current EAD expires, USCIS automatically extends their employment authorization for up to 180 days. The employee presents the receipt notice (Form I-797C) along with their expired EAD as proof.

USCIS automatically extends employment authorization for EAD holders who timely file for renewal — the auto-extension period is 180 days beyond the EAD's printed expiration date, under 8 CFR 274a.13(d).

What counts as this receipt:

Form I-797C (Notice of Action) showing USCIS receipt of the EAD renewal application
Must be presented together with the expired Form I-766 as a document combination
The category on the expired EAD must match the category eligible for auto-extension

Employer action: Record the expired EAD information in Section 2, and note the I-797C receipt. The 180-day clock starts from the EAD printed expiration date. Do not terminate employment during the auto-extension period.

Receipt for Form I-551 (Permanent Resident Card)

Stamp-Based

A foreign passport with a temporary I-551 stamp (also called an MRIV — Machine Readable Immigrant Visa) serves as a receipt for the actual Permanent Resident Card (Form I-551). This stamp is placed in the passport upon admission as a lawful permanent resident while the physical card is being produced.

A foreign passport bearing a temporary I-551 stamp is a valid List A document for I-9 purposes, serving as a receipt that the permanent resident card (Form I-551) is pending — per USCIS M-274 Handbook for Employers.

What counts as this receipt:

Foreign passport with unexpired temporary I-551 stamp from a U.S. Port of Entry
Machine Readable Immigrant Visa (MRIV) in a foreign passport with a DHS admission stamp
The I-551 stamp typically has a validity period printed on it — verify the stamp has not expired

Employer action: This combination is a standalone List A document. Record both the passport information and the I-551 stamp details in Section 2. The employment authorization continues until the stamp expiration date.

Receipt Timeline Comparison

Receipt Type	Valid For	Clock Starts	What to Do After
Replacement document receipt	90 days	First day of employment	Employee presents actual replacement document
Form I-766 (EAD) auto-extension receipt	180 days	EAD printed expiration date	Employee presents renewed EAD or new List A/B+C
Foreign passport + I-551 stamp	Until stamp expires	Date of I-551 stamp	Employee presents actual Form I-551 (Green Card)

Source: USCIS M-274 Handbook for Employers, 8 CFR 274a.13(d). Not legal advice.

What to Do When a Receipt Expires Without a Replacement

If an employee's 90-day (or 180-day) receipt window closes and they have not presented the actual document, the employer faces a compliance decision. Here is the correct process:

Send a written notice to the employee at least 10 days before the receipt deadline, requesting the actual document.
If the deadline passes without a valid document, you cannot continue employment — the employer's good-faith obligation ends.
Document all follow-up attempts (emails, texts, conversations) with dates in writing.
Do not backdate, alter, or create a new I-9 to cover the gap — this is a federal crime under 18 U.S.C. § 1546.
If you believe the employee's immigration status has changed, consult an immigration attorney before taking action.

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Frequently Asked Questions

Can I accept a receipt when I first hire someone?

Yes — but only if their document was lost, stolen, or damaged. A receipt is not a workaround for an employee who simply hasn't obtained their documents yet. If an employee cannot present a valid document or qualifying receipt, you cannot proceed with hiring.

What is the EAD auto-extension and how do I document it?

When an EAD holder files for renewal before their card expires, USCIS automatically extends their work authorization for up to 180 days. To document this, record the expired EAD information in Section 2 and attach a copy of Form I-797C (USCIS receipt notice). The employee can continue working for the full 180-day extension period.

Can I request a specific type of receipt?

No. Like the underlying document rule, employers cannot demand a particular type of receipt. If an employee presents a qualifying receipt, you must accept it. Requesting a specific receipt type could constitute unlawful discrimination under the anti-discrimination provisions of the Immigration and Nationality Act.

Does the 90-day clock restart if the employee presents a different receipt?

No. The 90-day period runs from the employee's first day of employment, not from when the receipt was presented. The employer cannot extend the window by accepting a new receipt for the same underlying document.

Do I record receipt information in Section 2?

Yes. Record the document title as you normally would, but note it is a receipt (e.g., 'Receipt for Social Security Card'). Record the receipt number or document number and note the expiration of the 90-day window. Then update Section 2 when the actual document is presented.

Related I-9 Resources

I9AuditReady provides employer compliance tools and research — not legal advice. It is not a law firm and does not create an attorney-client relationship. For questions about a specific I-9 situation, consult a qualified immigration attorney.