Recognizing the challenges employees may experience renewing
identification documents, such as state driver's licenses, due
to COVID-19 stay-at-home orders, the Department of Homeland
Security (DHS) issued a temporary
policy regarding expired List B identity documents
used to complete Form I-9, Employment Eligibility
Verification.
Beginning May 1, 2020, identity documents found in List B that are
set to expire on or after March 1, 2020, and not otherwise
extended by the issuing authority, may be treated the same as
if the employee presented a valid receipt for an acceptable
document for Form I-9 purposes.
Employers presented with an acceptable expired List B
document should:
- Record the document information in Section 2 under List B, as applicable
- And enter the word "COVID-19" in the Additional Information field.
The employee is required to present a valid unexpired document within 90 days after DHS's termination of the temporary policy. Upon presentation of the replacement document, employers should:
- Record the number and other required document information from the replacement document
- And initial and change the date.
If the employee's List B identity document expired on or
after March 1, 2020, and the issuing authority has extended the
document expiration due to COVID-19, the document is acceptable as
a List B document for Form I-9 (not as a receipt) during the
extension time frame specified by the issuing authority.
Employers presented with an acceptable extended List B
document should:
- Enter the document's expiration date in Section 2
- And enter "COVID-19 EXT" in the Additional Information field.
DHS also suggests that employers attach a copy of a webpage or other notice indicating that the issuing authority has extended the documents. In the case of extended documents, the employee is not required to present a valid unexpired List B document later.
DHS instructs E-Verify participating employers to use the employee's expired List B document number from Section 2 of Form I-9 to create an E-Verify case as usual within three days of the date of hire.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
