Deadline approaching for employers to update I-9 forms for employees who presented expired IDs

U.S. Citizenship and Immigration Services (USCIS) has reminded employers to update their I-9 forms if they received expired List B identity documents between May 1, 2020, and April 30, 2022 when a temporary policy was in place.

Key Points:

• On May 1, the Department of Homeland Security (DHS) ended the temporary policy allowing employers to accept expired List B identity documents during Form I-9 Employment Eligibility Verification. Employers must only accept unexpired documents.
• Employers have until July 31, 2022 to update their I-9 forms for any employees who presented an expired List B document during the temporary policy.
• If still employed, employees who were verified under the temporary policy must 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.
• USCIS provides specific instructions for updating and annotating the Form I-9 on its website. Information about acceptable I-9 documents can be found on this website.

Additional Information: DHS adopted the temporary policy in May 2020 in response to the challenges to individuals in renewing documents during the COVID-19 pandemic. The temporary measures ended two years later on May 1. For more information on the updated requirements, please see the table on this USCIS website.

This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.