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July 2022: Reminder: DHS Ends Temporary COVID-19 Policy for Form I-9 Expired Documents

21 Jul

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Update Applicable to:
All employers.

What happened?
In our previous communication, we notified you of this update, but we would like to kindly remind you that on May 1, 2022, the U.S. Department of Homeland Security (DHS) ended the COVID-19 Temporary Policy for List B Identity Documents, and employers are no longer allowed to accept expired List B documents when individuals fill out their Form I-9.

What are the details?
As a result of the policy being discontinued, employers are no longer allowed to accept expired List B documents when individuals fill out their Form I-9. In addition, if an employee presented an expired List B document between May 1, 2020, and April 30, 2022, employers are required to update their Form I-9 by July 31, 2022.

Temporary Policy
DHS issued the temporary policy in response to the challenges many individuals experienced with renewing List B documents during the COVID-19 pandemic.

The DHS has ended this flexibility now that document-issuing agencies have re-opened and provide alternatives to in-person renewals. Employers will need to update Form I-9 for employees who used expired documents from List B.

Required Form I-9 Updates
Employers must use the “Additional Information” field in Form I-9’s Section 2 to enter the title, issuing authority, number, and expiration date of the unexpired document. Employees may present a renewed List B document, a different List B document, or a document from List A. Employers must also initial and date these changes.

Employers should note that no action is required for individuals who used expired List B documents if:

  • They are no longer employed; or
  • The List B document was auto-extended by the issuing authority (the document is considered unexpired when presented)

For more information, please see the links below:

COVID-19 Temporary Policy for List B Identity Documents

List A Documents

List B Documents

Form I-9

USCIS Temporary Policies Related to COVID-19 (see “DHS Extends Form I-9 Requirement Flexibility (Effective May 1, 2022)”)

What do employers need to do?
Employers should review the links provided above and update their Form I-9 by July 31, 2022.

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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