News

Reminder: DHS Ended COVID-19 Temporary Policy for Expired List B Identity Documents

Employers Have Until July 31, 2022, to Update I-9s

DHS adopted the temporary policy in response to the difficulties many individuals experienced with renewing documents during the COVID-19 pandemic. Now that document-issuing authorities have reopened and/or provided alternatives to in-person renewals, DHS ended this flexibility May 1, 2022, employers must only accept unexpired List B documents. 

If an employee presented an expired List B document between May 1, 2020, and April 30, 2022, employers are required to update their Forms I-9 by July 31, 2022. See table below for update 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.












 
  • 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, the employer enters the document: 
    • Title; 
    • Issuing authority;  
    • Number; and 
    • Expiration date. 
    • The employer initials and dates the change. See Form I‑9 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.

For more information, contact Claiborne Guy at claiborne.guy@agc.org or 703-837-5382.

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