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:

• A renewed List B document
• A different List B document
• A document from List A

The employer must enter the following information about the document in the “Additional Information” field of Section 2 of the Form I-9:

• Title
• Issuing authority
• Number
• Expiration date

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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