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Employers May Temporarily Accept Expired List B Documents for Form I-9

Department of Homeland Security (DHS) has issued a temporary policy regarding expired List B identity documents used to complete Form I-9, Employment Eligibility Verification. Beginning on May 1, identity documents found in List B set to expire on or after March 1, 2020, and not otherwise extended by the issuing authority, may be treated the same as if the employee presented a valid receipt for an acceptable document for Form I-9 purposes.

After the termination of the temporary policy, workers will be required to present a valid, unexpired document to replace the expired document. DHS noted that it is best if the employee can present a replacement of the actual document that was expired but they may choose to present a different List A or List B document to satisfy the requirements.

Next Steps

Employers should refer to the USCIS website for detailed information on how to complete the form using an expired List B document and steps that must be taken within 90 days after DHS’s termination of this temporary policy.

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