Expired List B Documents No Longer Acceptable for Verifying Employment Authorization

Effective July 31, 2022, the Department of Homeland Security (DHS) will no longer allow employers to accept expired identity documents on List B to verify authorization to work on the Form I-9, Employment Eligibility Verification.  During COVID-19, DHS had temporarily allowed employers to accept expired documents from new hires (or employees who needed reverification) because getting such documents renewed was challenging.  Now that many agencies have reopened and more digital alternatives are available, DHS will end this temporary policy measure. 

Employers who accepted expired documents from List B when verifying an employee's authorization to work in the United States are now required 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 their Form I-9s. Please refer here for more information on the end of this temporary policy.

In good news relating to temporary accommodations by the government, USCIS has once again renewed the 60-day automatic extension for responding to Requests for Evidence, Notices of Intent to Deny, and other related notices. Any of the aforementioned notices issued before October 23, 2022, will automatically benefit from a 60-day extension of the due date listed on the notice. 

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

Nadia Yakoob