Reminder: Update Forms I-9 Completed with Expired List B Documents by July 31, 2022
Tags : I-9/E-Verify Compliance
On May 1, 2022, the DHS ended its flexibility for employers to accept expired List B documents on the Form I-9.
This exception was first enacted in May 2020, and 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 decided to end this flexibility.
As of 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 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:
|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.|
If you have any additional questions about the procedure of updating Forms I-9 previously completed with expired List B documentation, please reach out to your BIG Account Manager.
Posted: July 13, 2022
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