INDUSTRY NEWS

Reminder: Update Forms I-9 Completed with Expired List B Documents by July 31, 2022

On May 1, 2022, the DHS ended its flexibility for employers to accept expired List B documents on the Form I-9.

This exception was first enacted in May 2020, and addressed the difficulty individuals experienced amid the COVID-19 pandemic as many issuing authorities had closed their doors, preventing the timely renewal of documentation. Currently, document-issuing authorities are now reopened or offer alternatives to an in-person renewal. In light of this procedural shift, the DHS decided to end this flexibility.

As of May 1, 2022, employers must only accept unexpired List B documents.

If an employee presented an expired List B document between May 1, 2020, and April 30, 2022, you must update their Forms I-9 by July 31, 2022.

The table below explains the updated requirements issued by the USCIS:

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 the employee:

Then:
Is still employed.
  • Have the employee provide an unexpired document that establishes identity. Employees may present the renewed List B document, a different List B document or a document from List A.
  • In the "Additional Information" field of Section 2, the employer enters the document:
    • Title;
    • Issuing authority;
    • Number; and
    • Expiration date.
  • The employer initials and dates the change. See example.
Is no longer employed. No action is required.
The List B document was auto extended by the issuing authority, so it was unexpired when presented. No action is required because the document was unexpired when presented.

If you have any additional questions about the procedure of updating Forms I-9 previously completed with expired List B documentation, please reach out to your Truescreen Account Manager.

Source: U.S. Citizenship and Immigration Services

Posted: July 13, 2022