INDUSTRY NEWS

Prepare Now: DHS Ending COVID-19 Temporary Policy for Expired List B Identity Documents on May 1, 2022

Employers should update any impacted Forms I-9 now to ensure compliance.

The DHS first announced flexibility for employers to accept expired List B documents on the Form I-9 in May 2020. This temporary policy 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 has decided to end this flexibility.

What do I need to do as an employer?

Starting 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 today 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.

Truescreen is currently identifying Forms I-9 in our system that require an update and will reach out to impacted clients with assistance.

Source: U.S. Citizenship and Immigration Services

Posted: March 17, 2022