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DHS Will End COVID-19 Temporary Policy of Accepting Expired List B Documents

Beginning May 1, the Department of Homeland Security (DHS) is ending the COVID‑19 Temporary Policy for List B Identity Documents. DHS adopted the temporary policy in response to the difficulties many individuals had with renewing documents during the COVID-19 pandemic. DHS adopted the temporary policy in response to the difficulties many individuals experienced with renewing documents during the COVID‑19 pandemic. Now that document‑issuing authorities have reopened and/or provided alternatives to in‑person renewals, DHS will end this flexibility. Starting May 1, 2022, employers must only accept unexpired List B documents.

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.

Remote Verification of Form I-9

DHS’ policy for flexibility in verifying Form I-9 documents remotely currently remains in place until April 30, 2022. For more information on how to obtain, remotely inspect and retain copies of the identity and employment eligibility documents to complete Section 2 of Form I-9, see DHS’ original news release from March 20, 2020. It is unclear if flexibility will be extended beyond April 30.

Next Steps for Employers

Employers are not required to take action if the employee is no longer employed. In addition, no action is required, if the List B document was auto extended by the issuing authority. For all other employees, if the employee’s Form I-9 was completed between May 1, 2020 and April 30, 2022, with an expired List B document and that document expired on or after March 1, 2020, and the employee is still employed, then the employee must provide an unexpired document that establishes identity. Employees may present the renewed List B document, a different List B document or a document from List A. In the Form I-9’s “Additional Information” field in Section 2, employers should enter the document being providing and ensure they include the following details:

  • Title;
  • Issuing authority; 
  • Number; and
  • Expiration date.

Lastly, the employer should initial and date the change.

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