Temporary Policy for Form I-9 Documents Ends May 1

March 28, 2022 • April Mabry

Temporary Policy for Form I-9 Documents Ends May 1

The temporary US Citizenship and Immigration Services (USCIS) policy allowing employers to accept expired identity documents for the Employment Eligibility Verification (Form I-9) will end on May 1.

The temporary policy was implemented in May 2020 in response to COVID-19 stay-at-home orders and unavailability of online renewal services which made it difficult or impossible for individuals to renew Employment Eligibility Verification (Form I-9) List B identity documents (e.g., driver’s license, state ID card). The resumption of normal operations has made this policy no longer necessary.

Starting May 1, 2022, employers must only accept unexpired List B documents. If an employee presented an expired List B document between May 1, 2020, and April 30, 2022, employers are required to update their Form I-9 by July 31, 2022, as detailed below:

  • If the individual is still employed:
    • The employee must provide an unexpired document establishing identity in the form of the renewed List B document, a different List B document, or a document from List A.
    • The employer must complete the “Additional Information” field of Section 2 and initial and date the change.
  • If the individual is no longer employed, no action is required.
  • If the List B document was auto extended by the issuing authority so it was unexpired when presented, no action is required.

Additional information on the temporary policy for List B identity documents is available on the USCIS website. A complete list of acceptable documents for verifying employment authorization and identity is also available.

April Mabry is an assistant director at TASB HR Services. Send April an email at april.mabry@tasb.org.

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Tagged: COVID-19, "Epidemic Response", Hiring, "Personnel records"