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March 2022: U.S. Department of Homeland Security Rescinds COVID-19 Pandemic-Related I-9 Policy Change

23 Mar

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Update Applicable to:
All employers

What happened?
On March 17, 2022, the U.S. Department of Homeland Security (DHS) is ending the COVID-19 Temporary Policy for List B identity documents.

What are the details?
Effective May 1, 2022, employers may no longer accept expired List B identity documents, such as a driver’s license or state-issued identification cards in the onboarding process.

Due to COVID-19, the DHS responded to the difficulty of renewing documents and permitted employers to accept expired I-9 List B identity documents as evidence of identity. Any employees who presented an expired List B document from May 1, 2020, and April 30, 2022, will need to revalidate their Form I-9 and present an unexpired identity document. Employees may present a valid unexpired document, a different List B document, or a List A document, such as a U.S. passport or green card. No action is required for past employees that have terminated during that time frame come May 1, 2022.

The United States Citizen and Immigration Services released a chart for employers to follow when revalidating Form I-9s in an announcement.

For more information, please see the links below:

USCIS Announcement

Article 1

What do employers need to do?
Employers should review the links above and ensure they are ready for the May 1, 2022, effective date and review any employees who presented expired List B documents between May 1, 2020, and April 30, 2022, and require them to revalidate their Form I-9 by presenting an unexpired identity document.

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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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