DHS TO SUSPEND TEMPORARY POLICY ALLOWING EXPIRED LIST B IDENTITY DOCUMENTS FOR FORM I-9

By: Angelita Chavez and Toni Ordona

Starting May 1, 2022, the United States Department of Homeland Security (DHS) will end the temporary policy allowing employers to accept expired List B documents. The policy was designed to help with renewal delays caused by COVID-19. Now that alternative renewal methods are available, DHS will no longer allow employers to accept expired documents.

UPDATING FORMS I-9

Employees who provided expired List B documents between May 1, 2020, and April 31, 2022, will be required to update their Forms I-9 with current documentation by July 21, 2022. If these individuals are still employed by the company, they must:

• Update their Form I-9 by presenting a renewed List B document or a List A document.
• Ensure that the title, issuing authority, number, and expiration date are noted in the “Additional Information” section of Section 2.
• Have the employer initial and date the changes.

If the employee is no longer employed by the company, no action is needed.

Additionally, no further action is needed if the List B document was auto-extended by the issuing authority and was therefore not expired when the I-9 was filed.

CONCLUSION

For any questions regarding which identity documents are eligible for Form I-9, general compliance questions, or case-specific information, please contact your Chugh, LLP immigration professional.