Effective May 1, 2022, the U.S. Department of Homeland Security (DHS) is terminating its temporary policy of allowing employers to accept expired List B identity documents for I-9 purposes. As background, DHS and U.S. Immigration and Customs Enforcement (ICE) announced on March 19, 2020 that they would allow employers whose workforce was working remotely to defer the physical presence requirements associated with the Employment Eligibility Verification (Form I-9) and section 274A of the Immigration and Nationality Act (INA). As part of its I-9 flexibility policy, DHS also allowed employers to accept expired List B identity documents.
According to the DHS announcement, employers must resume accepting only List B documents that are unexpired beginning on May 1, 2022. Employers are required to update the I-9s of current employees who presented an expired List B document during the May 1, 2020 to April 30, 2022 effective period of the temporary policy. The deadline for updating these I-9s is July 31, 2022. No action is required for such employees who are no longer employed with their employer. In addition, no action is needed if the List B document was automatically extended by the issuing authority, so that it was unexpired when presented.
To update the I-9, the employee must provide an unexpired document establishing identity – either a renewed version of the expired List B document, or a different, unexpired List B document, or an unexpired List...
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