DHS Ends COVID-19 Temporary Policy for Expired List B Identity Documents

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.

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