DHS to End Temporary Policy for Expired I-9 Documents in May 2022

March 25, 2022 Amanda Bolhuis

Starting May 1, 2022, the Department of Homeland Security (DHS) will end a temporary policy that allows employers to accept expired List B identity documents during the Form I-9, Employment Eligibility Verification process.  

Overview 

DHS implemented the policy during the COVID-19 pandemic due to the challenges that individuals faced in renewing their documents. However, USCIS indicates that document-issuing authorities have now either reopened and resumed normal in-person services, or they are offering alternatives for in-person document renewals. As a result, DHS is ending its temporary measures and requiring employers to only accept List B documents that are not expired, assuming List B is used for I-9 purposes

DHS is also updating its requirements for employers who accepted expired List B documents throughout the pandemic. Employers who accepted expired List B documents between May 1, 2020 and April 30, 2022 must request a new document that verifies the current employee’s identity assuming the document originally provided expired on or after March 1, 2020. 

This update must be made on the existing Form I-9 by July 31, 2022 assuming the employee is still employed, and the List B document originally provided wasn’t automatically extended by the issuing authority. Employees in this scenario must present an acceptable new document, which may include either a renewed document, another List B document, or a List A document.  

Regardless of the document used, the employer must make updates to Section 2 of the employee’s Form I-9. The employer is required to update the “Additional Information” section with the document’s title, the issuing authority, the document’s number, and its expiration date. The employer must also initial the Additional Information section.  

Looking Ahead  

The new requirement only applies to employees who are still employed by the original employer that used expired List B documents during the pandemic. No action is required on behalf of the employer for individuals who are no longer employed by the company. Additionally, employers do not need to take further action if the List B documents they used for identity verification were unexpired as of March 1, 2020.   

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Envoy is pleased to provide you this information, which was prepared in collaboration with Amanda Bolhuis, who is a Partner at Global Immigration Associates (GIA), one of the two independent U.S. law firms Envoy exclusively works with on the Envoy Platform (the "U.S. Law Firms").            

Content in this publication is for informational purposes only and not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult an attorney at one of the two U.S. Law Firms working with the Envoy Platform or another qualified professional. On non-U.S. immigration issues, consult an Envoy global immigration service provider or another qualified representative. 

About the Author

Amanda is a Partner at Global Immigration Associates. Her practice focuses on employment based nonimmigrant and immigrant visa petitions. She has extensive experience handling B, E, H, L, O and TN visa cases, employment-based green cards (EB-1 and PERM labor certification) and USCIS Requests for Evidence and appeals. She also has experience advising companies on corporate restructuring, mergers and acquisitions and I-9 compliance issues. Amanda works with clients in several industries, including automotive, insurance and technology.

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