United States: DHS To End Temporary Policy For Expired I-9 Documents In May 2022

Starting May 1, 2022, the Department of Homeland Security (DHS) will end a temporary policy that allows employers to accept expired List B identity documents during the Form I-9, Employment Eligibility Verification process.

Overview 

DHS implemented the policy during the COVID-19 pandemic due to the challenges that individuals faced in renewing their documents. However, USCIS indicates that document-issuing authorities have now either reopened and resumed normal in-person services, or they are offering alternatives for in-person document renewals. As a result, DHS is ending its temporary measures and requiring employers to only accept List B documents that are not expired, assuming List B is used for I-9 purposes. 

DHS is also updating its requirements for employers who accepted expired List B documents throughout the pandemic. Employers who accepted expired List B documents between May 1, 2020 and April 30, 2022 must request a new document that verifies the current employee's identity assuming the document originally provided expired on or after March 1, 2020. 

This update must be made on the existing Form I-9 by July 31, 2022 assuming the employee is still employed, and the List B document originally provided wasn't automatically extended by the issuing authority. Employees in this scenario must present an acceptable new document, which may include either a renewed document, another List B document, or a List A document.

Regardless of the document used, the employer must make updates to Section 2 of the employee's Form I-9. The employer is required to update the "Additional Information" section with the document's title, the issuing authority, the document's number, and its expiration date. The employer must also initial the Additional Information section.

Looking Ahead

The new requirement only applies to employees who are still employed by the original employer that used expired List B documents during the pandemic. No action is required on behalf of the employer for individuals who are no longer employed by the company. Additionally, employers do not need to take further action if the List B documents they used for identity verification were unexpired as of March 1, 2020.

Originally published 25 March, 2022

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