Update Applicable to:

All employers in Hawaii (Maui) and multi-state businesses who employ workers in the state of Hawaii who were affected by the 2023 wildfires.

What happened?

According to U.S. Citizenship and Immigration Services (USCIS), in cases like this (Hand of God or similar circumstances), all Form I-9, Employment Eligibility Verification requirements remain in effect for areas affected by the 2023 Hawaii wildfires in Maui.

What are the details?

Due to the Hawaii wildfires that affected Maui, two questions that arose were:

(1) what do employers and employees do if the documentation was lost, stolen, or destroyed?

(2) if due to circumstances, Form I-9 still applies or not?

All Employers continue to be required to complete, retain and reverify Form I-9 within the requisite period for all employees that they hire. A guide is provided for employers and employees who have lost, stolen or had their documentation destroyed. Additional information in this link: Immigration information.

An employer must accept certain receipts for lost, stolen, or damaged documents from employees. New employees whose documentation may have been lost or damaged during the wildfire may present a receipt showing they have applied for a replacement document, which will satisfy the verification requirements for List A, B or C documents for which the receipt was issued and is valid for 90 days from the first day of employment.

Employees who cannot present the actual replacement document or receipt within the 90-day period may elect to present different acceptable document(s).

Employees who require reverification may also present receipts showing timely application for a replacement of their lost, stolen, or damaged documents.

For more information, please see the links below:

Law Firm: Article 1

General: Article 1

Government: Form I-9 pdf, Guide for Form I-9 and E-Verify, Fact Sheet for Form I-9, Form I-9 Guide

What do employers need to do?

Employers should use the resources available in the links and the ones provided by the USCIS, as well as consult with legal and immigration services for guidance if needed.

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