Form I-9

DHS Announces End to Form I-9 List B COVID-19 Flexibility

Published On
September 28, 2023
Read Time
2 Minutes
Author
OnBlick Inc

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.

What Should Employers Do?

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.

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