The Department of Homeland Security (DHS) has ended its temporary Form I-9 policy that allows employers to accept List B documents that expired on or after March 1, 2020.
DHS adopted the temporary policy in response to the difficulty of renewing documents during COVID. Since then, document-issuing authorities have reopened or provided alternatives to in-person renewals. Employers must now return to only accepting unexpired List B documents.
If an employee presented an expired List B document between May 1, 2020, and April 30, 2022, you need to update their Form I-9 by July 31, 2022, as follows:
- If the employee is still employed, they must present an unexpired document from either List A or List B. If presenting a List B document, it could be a renewed version of the document previously provided, or a different List B document. You should enter the document title, issuing authority, document number, and expiration date in the “Additional Information” field of Section 2, and initial and date the change. USCIS provides an example of how to do this here.
- If the employee is no longer employed, no action is needed.
If the List B document was auto-extended by the issuing authority so that it was technically unexpired when it was presented, no action is needed.
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