I-9 documentation expiration confusion

Irie

Employee is hired and completes the I-9. He uses a document from List A - Employment Authorization Document I-765, with an expiration date of 5/1/09.

If May 1, 2009 comes and goes and the employee does not produce a renewed form I-765 but shows me a receipt from USCIS that he has applied for a renewal of the form I-765, what do I do with this employee? Terminate him until he produces a currently valid Employment Authorization Document or use the receipt to show he has applied for his authorization document and let him continue to work? Thanks.

Sharon McKnight SPHR

It's been a while since I've been involved in I-9 documentation but I believe that if the ee has a receipt for renewal of a document that was previously accepted and is now expired, that the ee has a 90 day grace period to get the actual renewal. I'd make a copy of the renewal receipt and make sure to follow up with the ee at least every 30 days until the ee presents the renewed document. (Sometimes they get the renewed document and forget to bring it to HR.)

I hope this helps.

Sharon

Irie

I finally got in touch with a real person at the USCIS. The employee should apply for the renewal document 90 days prior to expiration. At that time they should get a document allowing them to work temporarily until they get the actual work authorization in the mail.

Unless they apply 90 days before the expiration, they are not allowed to work until their work authorization arrives. The receipt is not good enough to extend their right to work.

Sharon McKnight SPHR

Good to know.

Sharon