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Updating an expired passport

Current Form I-9 regulations do not designate the military ID as an acceptable List C document; the military ID is only an acceptable List B identity document (see 8 CFR 274a.2(b)(1)(v)(B)).

Any revisions to the Form I-9 Lists of Acceptable Documents would require a statutory or regulatory change.

The employee attestation in Section 1 and the employer attestation in Section 2 both require that each party attest to current employment authorization.

Form I-9 regulations allow employers to choose whether or not to keep copies of documentation employees submit to complete Form I-9.

A refugee may use his or her unexpired Form I-94 as a receipt for a document establishing both employment authorization and identity for 90 days.

After issuance of Form I-94, USCIS will process an Employment Authorization Document (Form I-766) for a refugee.

DHS provides refugees electronic or paper Forms I-94, Arrival-Departure Record, as evidence of their status and employment authorization.

A refugee’s electronic Form I-94 contains the admission code of “RE” and a paper Form I-94 has a refugee admission stamp.

Effective March 1, 2003, the functions of the former INS were transferred to three agencies within the new DHS: USCIS, CBP, and ICE.

This document is an acceptable List C document for an asylee.

Asylees who present this document will also need to present a List B document.

For example, if an employee begins work on Monday, the employer should count Tuesday as Day 1 and count 90 days to determine the validity period of the receipt.

If the same employee begins work on Monday but does not provide the receipt to complete Section 2 until Thursday, the employer should still count Tuesday as Day 1 and count 90 days to determine the validity period of the receipt.


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