Deadline for Updating Forms I-9 Involving Expired List B Document is July 31, 2022

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The July 31, 2022 deadline is rapidly approaching for employers to update the Forms I-9 of employees who presented an expired List B document (establishing the individual’s identity) between May 1, 2020 and April 30, 2022. As you may remember, the Department of Homeland Security (DHS), through the USCIS, ended the COVID-19 Temporary Policy for List B Identity Documents, effective May 1, 2022; thus, employers have not been able to accept expired List B documents since that date.

At the time that the COVID-19 Temporary Policy ended, DHS announced employers had 90 days to update employees’ I-9 forms if an employee presented an expired List B document (expiring on or after March 1, 2020), between May 1, 2020, and April 30, 2022. The 90 days ends on July 31, 2022. 

Thus, employers need to make sure for those applicable I-9 forms, the employee has presented a valid unexpired document to replace the expired document presented when they were initially hired.  An employee may present the replacement of the actual document that expired or a different List A or List B document,1 and the employer must record the new document information in the Additional Information field. After the employee presents an unexpired document, an employer should do the following in the Section 2 Additional Information field:

  • Record the number and other required document information, title, issuing authority, and expiration date, from the actual document presented; and
  • Initial and date the change.

If an employee’s Form I-9 was completed in the applicable period (May 1, 2020- April 30, 2022) with a List B document, and that employee is no longer employed by the employer, the employer does not need to take any action. Further, if that employee’s List B document was automatically extended by the issuing authority so that it was not considered expired when presented, no further action is needed.

The reason that DHS ended the COVID-19 Temporary Policy for List B Identity Documents is that state-issuing authorities have reopened and/or provided alternatives to in-person renewals. Thus, DHS sees no need for the continued flexibility.

Footnotes

​1 List A documents establish proof of identity and authorization to work in the United States. List B documents are proof of identity only.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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