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End of COVID-19 Temporary Policy for Expired List B Identity Documents

By April 27, 2022April 28th, 2022COVID-19, Employment Law

Covid-19 related documentsThe Department of Homeland Security is ending its COVID-19 Temporary Policy for List B Identity Documents. Starting May 1, 2022, employers may only accept unexpired List B documents.

The temporary policy allowed employers to accept expired forms of List B identity documents, such as driver’s licenses, state and military ID cards, and voter registration cards, in response to the difficulties with renewing documents during the COVID-19 pandemic. Now that barriers to renewal are largely gone, U.S. Citizenship and Immigration Services will end this flexibility.

What you need to do
If you accepted an expired List B document between May 1, 2020, and April 30, 2022, you’re required to update your Forms I-9 by July 31, 2022.

  • Have the employee provide an unexpired document that establishes identity. Employees may present the renewed List B document, a different List B document or a document from List A.
  • In the “Additional Information” field of Section 2, enter the documents:
  • Title
    • Issuing authority
    • Number, and
    • Expiration date
  • Initial and date the change.

No action is required on your part if the employee is no longer employed with your company or the List B document was auto extended by the issuing authority, making it unexpired when presented.

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