Throughout the pandemic, the Department of Homeland Security (DHS) provided employers with the flexibility to accept expired proofs of identification to complete the Form I-9 as many employees struggled to renew their IDs. However, USCIS recently announced that it would end this policy as COVID-19 case numbers continued to drop. As a result, the July 31st, 2022, deadline for updating Form I-9s completed with this flexibility policy is quickly approaching.

The Policy

When lockdowns began at the beginning of the pandemic, many government offices shut down. As a result, they made it near impossible for many workers to renew documentation, such as driver’s licenses and other identification. As a result, the DHS quickly responded to the pandemic-related challenges with several temporary policies, including permitting employers to accept expired List B documents. This change meant employers could use expired IDs with a valid List C document to complete the Form I-9 and establish employment authorization.

However, this policy was rescinded by the DHS on May 1st, 2022, as case numbers declined and most government agencies continued to reopen. This reversal meant employers could only accept unexpired List B documentation to complete the Form I-9. More recently, the DHS has announced that employers who received expired documentation under the temporary policy would need to update their Form I-9s with an unexpired List A or List B document.

What Should Employers Do Now?

For employers that availed themselves of this policy between May 1st, 2020, and April 30th, 2022, you will need employees that presented an expired List B document to submit a renewed or different unexpired List B document or a valid List A document by July 31st, 2022. No further action is necessary if the employee no longer works for you. When updating an employee’s List B documentation, enter information in the “Additional Information” field of Section 2 on the new form. Include the following:

• Title
• Number
• Issuing Authority
• Expiration Date

Once completed, the employer’s representative should initial and date the change. No further action is necessary for List B documentation that was automatically extended by the issuing authority, thus making it unexpired.

Conclusion

Employment eligibility verification regulations are constantly changing, which has never been truer now that many temporary pandemic-related policies are ending. Maintaining compliance in these times can be challenging; however, one tool that can help employers to remain within the law is an electronic I-9 management system. This system can guide employers through the entire process and ensure that documentation and forms are stored securely for easy future review.

Our I-9 Compliance tool will help quickly verify your employment eligibility automatically.

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