Effective May 1, 2022, the U.S. Department of Homeland Security (DHS) is ending its temporary COVID-19-related policy of allowing employers to use expired List B identity documents for I-9 purposes.
Employers will no longer be able to accept expired identity documents when verifying an employee’s work eligibility on Form I-9. The temporary policy was implemented by the Department of Homeland Security in May of 2020 due to many government agencies that were not able to renew documents due to the COVID-19 pandemic.
The DHS COVID-19-related guidance allowing employers to review Form I-9 documents virtually still remains in effect by at least April 30, 2022.
Employers are required to update—by July 31—the I-9s of current employees who presented expired List B documents between May 1, 2020, and April 30, 2022.
- List B identity documents include driver’s licenses and state ID cards.
- If the employee who presented an expired List B document is still employed, he or she must provide an unexpired document that establishes identity. This could be a renewed version of the expired List B document that was previously presented, a different unexpired List B document, or an unexpired List A document [such as a U.S. passport or permanent resident card] that establishes both their identity and work authorization.
- Upon presentation of the new document, the employer should enter the title, number, issuing authority and expiration date in the Additional Information Field of Section 2 of the Form I-9, and then initial and date that section of the form.
- No action is required if a List B document was automatically extended by the issuing authority.
- If the employee is no longer employed by the company, no action is necessary.