Temporary Policy for Expired List B Identity Documents to End

As of Might 1, 2022, employers can now not settle for expired List B paperwork for Kind I-9 Employment Eligibility Verification functions, and any expired List B documents that were previously accepted must be updated by July 31, 2022.

Permitting workers to current these expired paperwork was a short lived coverage instituted by the Division of Homeland Safety in Might 2020 to cope with the truth that varied issuing authorities weren’t in a position to well timed renew paperwork due to the COVID-19 pandemic. Now that issuing authorities are returning to extra regular operations, this short-term coverage is coming to an finish.

If an worker introduced an expired List B doc between Might 1, 2020, and April 30, 2022, the Kind I-9 have to be up to date by July 31, 2022.

Listed here are the necessities:

If the worker who introduced an expired List B doc remains to be employed, the worker should present an unexpired doc that establishes id. This may very well be a renewed model of the expired List B doc that was beforehand introduced, a unique unexpired List B doc, or an unexpired List A doc that establishes each establish and work authorization.

Upon presentation, the employer ought to enter the next details about the brand new doc within the Further Info Subject of Part 2 of the Kind I-9: title, quantity, issuing authority, and expiration date. The employer ought to then preliminary and date that part of the shape.

If the worker is now not employed by the corporate, no motion is critical.

DHS has famous that, if the List B doc that was initially introduced was routinely renewed by the issuing authority when it was introduced, then no motion is critical as a result of the doc was not thought-about to be expired.

As of this writing, eligible employers should still assessment Kind I-9 paperwork just about, over video hyperlink, or by fax or e-mail. This flexibility continues until an worker undertakes non-remote employment on a daily, constant, or predictable foundation, or till the coverage terminated. That flexibility has been continued until April 30, 2022. Many have requested that DHS proceed this coverage indefinitely as a result of distant work continues to play an vital function within the office, at the same time as corporations return to extra regular operations. Whether or not the top of the coverage concerning expired List B paperwork alerts that the DHS may even finish I-9 flexibility is but to the seen.

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