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USCIS Reminds Employers to Complete Forms I-9 Even If They Are in Areas Affected by Hurricanes

BY: Jyme Mariani, Esq. | 09/12/19

U.S. Citizenship and Immigration Services (USCIS) reminded employers that Form I-9 requirements remain in effect for areas affected by hurricanes. All employers still must continue to complete and retain a Form I-9, Employment Eligibility Verification, for all of the individuals they hire [USCIS, What’s New, 9-5-19].

Employers must ensure newly hired employees complete and sign section 1 of Form I-9 no later than their first day of employment. Employers are required to physically examine employees’ documents and complete and sign section 2 within three business days of employees’ first day of work.

New Fact Sheet on Handling Hurricane Season

To assist employers, the agency issued a new fact sheet on how to handle Form I-9 and E-Verify situations during hurricane season.

The fact sheet tells employers how to handle situations when an employee’s documents are lost, stolen, or damaged for both Form I-9 and creating a case in E-Verify.

  • Form I-9 can be completed if employees can present a receipt showing they applied for a replacement document.
  • Employers cannot create a case in E-Verify if employees present a receipt showing they have applied to replace a document that was lost, stolen, or damaged. Employers must wait until the employee presents the replacement document for which the receipt was presented before creating a case in E-Verify. Once the document is received and a case is created, E-Verify will ask for the reason why the case was not submitted within three business days. Users should select “Other” and type “Receipt provided. Awaiting actual document” in the field provided.

To learn more about federal and state laws, regulations, and information to keep your company's payroll operations in compliance, check out Payroll Source Plus!


Jyme Mariani, Esq., is Managing Editor of Payroll Currently and Payroll Information Resources for the APA.