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

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.