The Department of Homeland Security (DHS) recently announced that it is ending the COVID-19 Temporary Policy for List B Identity Documents. Beginning May 1, employers will no longer be able to accept expired List B documents.
The agency adopted the temporary policy as a response to the challenges many individuals experienced while renewing documents during the COVID-19 pandemic. DHS has decided to end the flexibility since the document-issuing authorities have reopened and/or provided alternatives to in-person renewals.
If an employee presented an expired List B document between May 1, 2020, and April 30, 2022, employers must update their Forms I-9 by July 31, 2022.
If the employee’s Form I-9 was completed between May 1, 2020 and April 30, 2022 with an expired List B document and that document expired on or after March 1, 2020, and
1. If the employee is still employed, then:
The employee who provided an expired document must present an unexpired document that establishes identity. The employee may present one of:
The employer must enter the following information about the document in the “Additional Information” field of Section 2 of the Form I-9:
The employer is required to initial and date the changes made. You may refer to this sample provided by USCIS.
2. If the employee is no longer employed, then:
No action is required.
3. If the List B document was auto extended by the issuing authority and thus unexpired when presented, then:
No action is required.
OnBlick will continue to monitor changes to Form I-9 related flexibilities and provide updates as they become available. If you wish to know more about this Form I-9 expert, book a quick demo here.
