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An Important Form I-9 Development

by Megan Donaghey | | March 22, 2022

So, more COVID-19 related developments, but this time related to Form I-9 compliance.  The federal Department of Homeland Security announced recently that beginning on May 1, 2022, employers may no longer accept expired identity documents (listed in “List B” of the “Lists of Acceptable Documents” on the Form I-9).

Between May 1, 2020, and April 30, 2022, DHS temporarily permitted employers to accept expired identity documents, so long as the documents appeared to be genuine and reasonably related to the person presenting them. DHS implemented the temporary rule because of the challenges COVID-19 has created for individuals trying to renew their identity documents.

Now that the temporary rule is ending, employers who accepted expired documents have until July 31, 2022, to update their Forms I-9 for active employees with unexpired identity documents. To do so, employees must present an unexpired document that establishes identity. This document may be the renewed “List B” document they originally presented, a different unexpired “List B” document, or an unexpired “List A” document. Employers should record the title of the new document, issuing authority, document number, and expiration date in the “Additional Information” field in Section 2 of the Form I-9, and then initial and date the changes. (Note: No action is required if the employee is no longer employed, or if the expired document was auto-extended by the issuing authority, so it was actually unexpired at the time it was presented.)

As a general reminder, identity documents that were unexpired at the time they were presented, but have subsequently expired, do not need to be (and should not be) re-verified.

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