Earlier this month, the Department of Homeland Security issued an announcement indicating that beginning May 1, 2022, employers will no longer be permitted to accept expired List B documents in satisfaction of the employer’s Form I-9 obligations.

DHS initially “adopted this temporary policy in response to the difficulties many individuals experienced with renewing documents during the COVID-19 pandemic.” As the pandemic issues start to ease and the document-issuing authorities have re-opened or adapted to permit online or alternative renewal processes, DHS no longer views the flexibility as necessary.

Accordingly, if an employee presents an expired List B document through the I-9 process, it will need to be rejected.  Additionally, if an employee presented an expired List B document at any point between May 1, 2020, and April 30, 2022, employers are required to update their I-9 forms, provided the employee is still employed by the business. Some exceptions apply so please contact competent immigration counsel should you have questions.