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Temporary Policy for Expired List B Identity Documents is Set to End

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The Department of Homeland Security (DHS) will end its COVID-19 Temporary Policy for List B Identity Documents. Beginning May 1, employers may no longer accept expired List B documents.

COVID-19 Temporary Policy for List B Identity Documents

The COVID-19 Temporary Policy for List B Identity Documents was put in place near the beginning of the pandemic as a response to the difficulty many people had renewing documents due to office closures, online renewal restrictions, and stay-at-home orders and allowed employers to accept certain expired List B documents for Form I-9 purposes. 
Because document-issuing authorities have reopened or provided alternatives to in-person renewals, the DHS has ended its flexibility in regards to expired documents. Starting May 1, only unexpired List B documents are acceptable. 

List B Identity Documents 

List B documents are used to establish identity only and employees must present one of the following documents when completing Form I-9:
  • Drivers license issued by a state or outlying territory of the U.S.
  • ID card issued by federal, state, or local government agencies or entities, provided it contains a photograph or information such as name, date of birth, gender, height, eye color, and address
  • School ID card with a photograph
  • Voter registration card
  • U.S. military card or draft record
  • Military dependent’s ID card
  • U.S. Coast Guard Merchant Mariner Document (MMD) card
  • Native American tribal document
  • Driver’s license issued by a Canadian government authority
Employees under 18 are also able to present:
  • School record or report card
  • Clinic, doctor, or hospital record
  • Daycare or nursery school record

How to Manage Expired List B Documents 

Employers are required to update their Form I-9s by July 31, 2022, if an employee presents an expired List B document between May 1, 2020, and April 30, 2022. Here is how to handle employee I-9s completed between May 1, 2020, and April 30, 2022, with an expired List B document. 

Still an Employee 

If the person is still an employee, have them provide an unexpired List B document. In the “Additional Information” field on Form I-9, the employer must enter the document’s title, issuing authority, number, and expiration date. After that, the employer is required to initial and date the change.

No Longer an Employee 

If the person is no longer an employee, there is no need for the employer to take any action.

List B Document was Auto Extended 

In some instances, List B documents are auto extended by their issuing authority. In these cases, no action is required by the employer, because the document was unexpired when it was presented.  

GoffWilson Immigration 

GoffWilson advocates for businesses to take a proactive approach to I-9 compliance and this latest policy shift presents an opportunity to review not just your I-9s but also your I-9 practices. GoffWilson has been a leader in I-9 compliance over our 30+ years, and has helped a multitude of businesses with everything from establishing a strategy, building best practices, and performing self-audits of I-9s. Contact GoffWilson today and discover how we can help you!
Filed under:Form I-9 Compliance