In 2020, the Department of Homeland Security (DHS) issued a temporary policy that allowed employers to accept certain expired List B documents and treat them as valid, acceptable receipts for Form I-9 purposes. DHS announced on March 17, 2022, that it is now ending this temporary policy.
DHS adopted the temporary policy in response to the difficulties many individuals experienced with renewing documents during the COVID-19 pandemic. Now that document-issuing authorities have reopened and/or provided alternatives to in-person renewals, DHS will end this flexibility. Starting May 1, 2022, employers must only accept unexpired List B documents.
What Steps Do I Need to Take Now as an Employer?
- If an 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 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 should enter the document:
- Issuing authority;
- Number; and
- Expiration date.
- The employer initials and dates the change. Here is an example provided by DHS.
- If the employee is no longer employed, no action is required.
- For employees whose List B document was auto extended by the issuing authority so that it was unexpired when presented, no action is required because the document was unexpired when presented.
Employers are required to update their Forms I-9 by July 31, 2022, for employees who presented an expired List B document between May 1, 2020, and April 30, 2022.