Legal Update: DHS Ends Temporary COVID-19 Policy for Form I-9 Expired Documents

On May 1, 2022, the U.S. Department of Homeland Security (DHS) ended the COVID-19 Temporary Policy for List B Identity Documents. As a result, employers are no longer allowed to accept expired List B documents when individuals fill out their Form I-9. In addition, if an employee presented an expired List B document between May 1, 2020, and April 30, 2022, employers are required to update their Form I-9 by July 31, 2022.

Now that document issuing agencies have reopened, employers will need to update Form I-9 for employees who used expired documents from List B.

Important Dates:

• May 1, 2022
  • Expiration date of the DHS temporary policy that allowed employers to accept expired documents from the Form I-9 B list

• July 31, 2022
  • Deadline for employers to update Form I-9 for employees who used expired documents from List B

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