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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.

Business Information Group 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


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This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.

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