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. |
|
| 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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