The DHS (Department of Homeland Security) is ending its temporary policy related to expired List B Identity documents. Therefore, employers will no longer be able to accept expired List B Documents starting May 1, 2022.
The temporary relief was in response to the COVID-19 Pandemic which made it extremely difficult for individuals to renew their documents. However, now that document-issuing authorities are starting to open there doors again, coupled with alternatives to in-person renewals, DHS will end the flexibility on accepting expired List B documents.
If an employee provided a List B expired document between May 1, 2020, and April 30, 2022, employers are required to update the employees Form I-9 by July 31, 2022.
This table will provide updated requirements:
| If the employee’s Form I-9 was completed between May 1, 2020 and April 30, 2022 with an expired List B document and that document expired on or after March 1, 2020, and the employee: | Then: |
| Is still employed. | 1. Have the employee provide an unexpired document that establishes identity. Employees may present the renewed List B document, a different List B document or a document from List A. 2. In the “Additional Information” field of Section 2, the employer enters the document: – Title; – Issuing authority; – Number; and – Expiration date. The employer initials and dates the change. See example. |
| Is no longer employed. | No action is required. |
| The List B document was auto extended by the issuing authority, so it was unexpired when presented. | No action is required because the document was unexpired when presented. |
If you have any questions, please feel free to contact our Customer Service team.