Pandemic-era I-9 List B expansion ending 5-1-2022
Effective 5/1/2022, the DHS will end its temporary pandemic-era program that allows employers to accept expired List B documents (such as drivers licenses). During the pandemic, DHS recognized that many issuers of the List B documents (such as state motor vehicle departments ) were being overwhelmed by employee absences related to COVID-19. As a result, DHS permitted employers temmporary leeway to accept expired List B documents between 5/1/2020 and 4/30/2022. That program will end 4/30/2022, so effective 5/1/2022, companies will no longer be able to accept expired List B documents.
What does that mean for employees hired under this temporary rule during the pandemic (between 5/1/2020-4/30/2022)? In other words, if a company accepted the expired List B document during that period and is still employing the person, should the company now ask for an unexpired document? Can the company do that? What if the employee is no longer working for the company? On its webpage related to this change, DHS explains the flowchart for companies now, as follows:
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 Forms I-9 by July 31, 2022. See table below for update requirements.
If the employee’s Form I-9 was completed between May 1, 2020 and April 30, 2022 with an expired List B document and that document expired on or after March 1, 2020, and the employee: Then: Is still employed.
- 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, the employer enters the document:
- Issuing authority;
- Number; and
- Expiration date.
- The employer initials and dates the change. See example.
Is no longer employed. No action is required. The List B document was auto extended by the issuing authority, so it was unexpired when presented. No action is required because the document was unexpired when presented.