How to Deal with Form I-9 “List B” Expired Documents During COVID-19

In an ongoing effort to keep our clients aware of the latest developments revolving around the COVID-19 Pandemic, the following guidance was provided by the United States Citizenship and Immigration Services (USCIS).  If an employee’s state issued I.D. or drivers’ license expired on or after March 1, 2020, and the documentation expiration date has been extended by the respective state due to COVID-19, then it’s approved as a List B document for Form I-9.

Enter the document’s expiration date in Section 2, then enter “COVID-19 EXT” in the Additional Information field.

Employers may elect to attach a copy of the state DMV webpage, or other notice indicating that their documents have been extended. 

The expiration date listed in Section 2 must be the actual date printed on the employee’s document, not an auto-extension date. 

Employers can confirm if their state has provided an auto-extension by visiting the state’s Department of Motor Vehicle’s or Motor Vehicle Administration website.