Temporary Flexibilities for Expired List B Identity Documents to End


In May 2020, the Department of Homeland Security (DHS) instituted a temporary policy which allowed employees to present expired List B identification documents for I-9 purposes. As a reminder, Form I-9 is used to verify the identity and employment authorization of individuals hired for employment in the United States. This relief was temporary and initiated as a means to lessen some of the burdens imposed on issuing authorities as they struggled to timely renew documents in the early stages of the COVID-19 pandemic.

Starting May 1, 2022, employers will no longer be able to accept expired identification documents when verifying employee work eligibility for Form I-9. Employers who accepted expired documents between May 1, 2020 and April 30, 2022 will be required to update the Form I-9 of current employees with an unexpired document by July 31, 2022. Acceptable documentation includes a renewed version of the previously presented expired List B document, a different unexpired List B document or an unexpired List A document (i.e., U.S. passport). The document must establish both identity and work authorization. Note: if an employee is no longer employed by the company, no additional action is required for the employer.

Additionally, this announcement does not address the flexibility around virtual inspection of Form I-9 documents, which was also established in response to COVID-19. Under this guidance, exclusively remote employees are exempt from the physical inspection requirements associated with Form I-9 until non-remote employment is undertaken, or new guidance around the requirements has been issued. Currently this guidance is set to expire April 30, 2022; however, DHS has taken steps to evaluate if this policy should be made permanent. Additional guidance is pending but employers using virtual inspection methods should prepare to revert back to pre-COVID-19 operations and begin in-person inspections of identification documents.

For additional information, the full DHS release can be found here.

2022 Employer Compliance Calendar

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