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  #1 (permalink)  
Old 02-11-2010, 03:11 PM
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Euclid is on a distinguished road
Default F-1 OPT Card lost in mail & I-9 "receipt rule".

Hi,

My OPT was approved and I received the approval notice. But the card itself
has been lost in mail. I have applied for a replacement card.

I am aware of something called the "I-9 receipt rule" wherein the receipt for
the replacement of a lost document can be used in place of the document itself
for a period of 90 days.

Does this apply to my case? In other words, can I use the receipt of the replacement
request to work for upto 90 days?

Thanks in advance!

PS: I am aware that I cannot start working based on the approval notice itself.
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  #2 (permalink)  
Old 02-11-2010, 05:14 PM
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Note: A receipt for an application for an initial or renewal USCIS
Employment Authorization Document (EAD) filed on a Form I-765,
Application for Employment Authorization, is not acceptable for Form
I-9 verification purposes.

Also for immigration purposes you cannot start working until you have the approval in-hand.
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  #3 (permalink)  
Old 02-11-2010, 07:24 PM
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Default

Hi Prashanthi,

Thank you for your reply.
  1. The receipt is not for an "initial or renewal" (OPT) EAD. It is for the "replacement for a lost (OPT) EAD".
  2. I do have the approval notice in hand. It the actual OPT EAD that is lost.
Quote:
Originally Posted by Prashanthi View Post
Note: A receipt for an application for an initial or renewal USCIS
Employment Authorization Document (EAD) filed on a Form I-765,
Application for Employment Authorization, is not acceptable for Form
I-9 verification purposes.

Also for immigration purposes you cannot start working until you have the approval in-hand.
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  #4 (permalink)  
Old 02-11-2010, 10:30 PM
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Ann Ruben is just really nice Ann Ruben is just really nice Ann Ruben is just really nice Ann Ruben is just really nice
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Hi Euclid,

In my opinion, your situation clearly falls within the "receipt rule". The rec't for replacement of the lost EAD is good for up to 90 days. Below is an excerpt from the the most recent I-9 Handbook for Employers published by USCIS. This pretty clearly differentiates between a rec't for an initial or renewal application and a rec't for an application to replace a lost document.

Ann


Q When can employees present receipts for documents in lieu of actual documents establishing employment authorization?

A The “receipt rule” is designed to cover situations in which an employee is employment autho- rized at the time of initial hire or reverification, but he or she is not in possession of a document listed on page 5 of Form I-9. Receipts showing that a person has applied for an initial grant of employment authorization or for renewal of employment authorization are not acceptable.
An individual may present a receipt in lieu of a document listed on Form I-9 to complete Section 2 of Form I-9.The receipt is valid for a temporary period.There are three different documents that qualify as receipts under the rule:
32
1.
A receipt for a replacement document when the document has been lost, stolen, or damaged.The receipt is valid for 90 days, after which the individual must present the
replacement document to complete Form I-9.
Note: This rule does not apply to individuals who pres- ent receipts for new documents following the expiration of their previously held document.
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  #5 (permalink)  
Old 02-12-2010, 11:07 AM
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Default

Hi Ann,

Thanks so much!


Quote:
Originally Posted by aruben@srrlaw.us View Post
Hi Euclid,

In my opinion, your situation clearly falls within the "receipt rule". The rec't for replacement of the lost EAD is good for up to 90 days. Below is an excerpt from the the most recent I-9 Handbook for Employers published by USCIS. This pretty clearly differentiates between a rec't for an initial or renewal application and a rec't for an application to replace a lost document.

Ann


Q When can employees present receipts for documents in lieu of actual documents establishing employment authorization?

A The “receipt rule” is designed to cover situations in which an employee is employment autho- rized at the time of initial hire or reverification, but he or she is not in possession of a document listed on page 5 of Form I-9. Receipts showing that a person has applied for an initial grant of employment authorization or for renewal of employment authorization are not acceptable.
An individual may present a receipt in lieu of a document listed on Form I-9 to complete Section 2 of Form I-9.The receipt is valid for a temporary period.There are three different documents that qualify as receipts under the rule:
32
1.
A receipt for a replacement document when the document has been lost, stolen, or damaged.The receipt is valid for 90 days, after which the individual must present the
replacement document to complete Form I-9.
Note: This rule does not apply to individuals who pres- ent receipts for new documents following the expiration of their previously held document.
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  #6 (permalink)  
Old 03-18-2011, 06:08 PM
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Default Did it work?

Hi Euclid,

I am in the exact same situation you were.
It seems to me that Ann is correct.

Did it work out for you?

Thank you,
Allan
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  #7 (permalink)  
Old 03-19-2011, 01:06 AM
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Default

It did. This does work and I can confirm from experience. Go ahead and all the best.
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  #8 (permalink)  
Old 03-19-2011, 02:15 AM
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Default didn't work for me due to E-Verify

So I asked my company's HR and the following is the reply I obtained:
<company name omitted> participates in E-Verify, which is a government run program that verifies work eligibility with the Department of Homeland Security and Social Security Administration. E-Verify requires that List A documents (your EAD card is a List A doc) must contain a photo ID which the receipt does not contain. This is required because when your information is entered into E-Verify, a picture of your EAD card appears, I then have to confirm the picture in their data base matches your physical card. Due to us participating in E-Verify we must comply with their regulations which trumps regular I-9 requirements and we will have to wait until your EAD card arrives.

So according to the company I will work for the receipt would be a valid doc for List C of the I-9, yet their E-Verify regulations require me to present a document from List A.

I am sad. Completely ran out of money. Glad I have friends willing to lend me money at this difficult time or I would starve.
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  #9 (permalink)  
Old 03-19-2011, 10:43 PM
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Default

The firm I work for is also signed up for E-Verify. It's lawyers were cool with the receipt rule. I have also checked this with the international student's office at my grad school. I am absolutely sure this is OK to do.

Remember, that the I-9 receipt rule (and e-verify) is not just for international students. It is also meant for permanent residents and citizens who happen to be waiting for a lost document to be replaced. It is unthinkable that they would be asked to stay at home while the govt agencies mail them their documents.

Your HR is wrong. Find the relevant info on this from the DHS website and fight with them. Remember, unless you plan to work in the HR department, it is probably OK to pick a fight with them. :-)
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  #10 (permalink)  
Old 03-19-2011, 10:55 PM
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Actually, what your HR says makes no sense. You *are* presenting a list A document. According to the receipt rule "the receipt for the replacement suffices (for 90 days) wherever the actual would have sufficed" (I paraphrase).

So you are in effect presenting a list A document.

Get some talking points from the net and argue this out with them.
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  #11 (permalink)  
Old 03-20-2011, 08:15 PM
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Yes I believe the HR department is wrong in this case.
The problem according to them is that they need to verify the picture on the document I provide with the picture that the E-verify system will show.

I am researching this further once I get some more information from DHS I will be arguing with HR again.

Thanks Euclid.
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