DHS to End Temporary COVID-19 Policy on Expired List B Identity Documents on May 1, 2022

DHS has announced that it is ending its temporary policy of allowing employers to accept expired List B identity documents during the COVID-19 pandemic, effective May 1, 2022. Beginning May 1, 2022, employers may accept only unexpired List B documents. Employers will have until July 31, 2022, to update the I-9s of current employees who presented expired List B documents under the temporary policy.

A closer look

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. The temporary policy, which has been in effect since May 1, 2020, was intended to address the difficulties in renewing expiring identity documents during the COVID-19 pandemic. With document-issuing authorities having reopened and/or providing alternatives to in-person renewals, DHS is ending this temporary accommodation. Effective May 1, 2022, employers must resume accepting only List B documents that are unexpired.

According to the DHS announcement, 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.

Employers are not required to update the I-9s of individuals who are no longer employed with the company. In addition, no action is required if a List B document was auto-extended by the issuing authority, such that the document was deemed unexpired at time of presentation.