The Department of Homeland Security (DHS) has announced that a temporary policy regarding expired documents used for Form I-9 purposes will end on April 30, 2022. The I-9 is used to verify a new hire's identity and work authorization.
The Details:
To complete Section 2 of the I-9, employees must present unexpired documents that verify their identity and employment authorization. The I-9 Form includes a List of Acceptable Documents (List A, List B, and List C). An employee must present one document from List A, or one document from List B and one document from List C.
- List A documents: establish both identity and employment authorization
- List B documents: establish identity only
- List C documents: establish employment authorization only
On May 1, 2020, the DHS adopted a temporary policy in response to the difficulties many individuals experienced with renewing driver’s licenses and other List B documents during the COVID-19 pandemic. The temporary policy allowed individuals to present expired List B documents under certain conditions. Now that document-issuing authorities have reopened and/or provided alternatives to in-person renewals, DHS is ending the temporary policy on April 30, 2022. Starting May 1, 2022, employers must accept only List B documents that have not expired.
If an employee presented an expired List B document between May 1, 2020 and April 30, 2022, employers must update the employee’s Form I-9 by July 31, 2022.
Next Steps:
- Accept only unexpired List B documents beginning May 1, 2022.
- If an employee presented an expired List B document between May 1, 2020 and April 30, 2022, let them know now that they must present unexpired documentation by July 31, 2022. Keep in mind that employees have the option of presenting the renewed List B document, a different List B document, or a document from List A.
- When the employee presents an unexpired document, in the Section 2 Additional information field:
There is no action required if:
- The employee no longer works for you, or
- The List B document’s expiration date was auto extended by the issuing authority, and therefore was unexpired when presented.
Questions?
Contact your dedicated service professional if you have questions.