DHS To End Temporary COVID-19 Policy for List B Identifying Documents

Effective May 1, 2022, employers will no longer be allowed to accept expired List B documents for verifying employment authorization on the Form I-9, bringing an end to a temporary policy adopted by the Department of Homeland Security during the COVID-19 pandemic.  Now that many document-issuing authorities have reopened and more digital alternatives to in-person renewals are available, DHS will end this flexibility. 

Employers will need to update the Form I-9(s) completed between May 1, 2020 and April 30, 2022, where an employee presented an expired List B document and the employee is still with the company. Employers will need to take the following steps: 

  • 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.

  • In the “Additional Information” field of Section 2 on the I-9, enter the following information:

    • Title;

    • Issuing Authority;

    • Number; and

    • Expiration date.

  • The employer must also initial and date the change. Here is an example. 

Employers have until July 31, 2022, to update these Form I-9s.  If the employee is no longer employed, then no action is required.

If the List B document was valid when presented, no action is required. This includes List B documents that were subject to automatic extensions. 

More information on the government’s announcement, ending this temporary policy, is available here. 

This alert is for informational purposes only. Please contact me if you would like to discuss this development further.

Nadia Yakoob