The Department of Homeland Security (DHS) recently announced that it would end a temporary policy allowing employers to accept expired List B identity documents when completing Form I-9 Employment Eligibility Verification.

Key Points:

  • Beginning May 1, 2022, employers will only be permitted to accept List B documents that are not expired.
  • Employers can continue to accept expired List B documents from now through April 30, 2022.
  • Employers are required to update their I-9 forms by July 31, 2022, for any employees who presented an expired List B document between May 1, 2020, and April 30, 2022.
  • To comply with Form I-9 requirements, employees must present a List B identity document along with an acceptable List C document evidencing employment authorization or a List A document that demonstrates both identity and work authorization. Information about acceptable documents can be found on the U.S. Citizenship and Immigration Services (USCIS) website.

Additional Information: DHS adopted the temporary policy in May 2020 in response to the challenges people were facing getting List B documents renewed during the COVID-19 pandemic. DHS said that it was ending the temporary policy now that “document‑issuing authorities have reopened and/or provided alternatives to in‑person renewals.” For more information on the updated requirements, please see the table in the DHS announcement, available here.

BAL will be presenting with a USCIS representative about “Form I-9 & E-Verify Compliance: What’s in Store for Employers in 2022” at the SHRM Employment Law & Compliance Conference. For details and to register for the conference, click here.”

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

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