Temporary Form I-9 Policies Set to Expire

The U.S. Department of Homeland Security (DHS) is ending its temporary COVID-19-related policy of allowing employers to use expired List B identity documents (including driver’s licenses and state ID cards) for I-9 purposes. The temporary policy was instituted by the Department of Homeland Security in May 2020 due to the fact many issuing authorities were unable to renew documents on time due to the COVID-19 pandemic.

Beginning May 1, employers will no longer be able to accept expired documents when verifying an employee’s work eligibility on the Form I-9. Employers are also required to update the Form I-9’s of current employees who presented expired List B documents between May 1, 2020 and April 30, 2022 by no later than July 31, 2022. If the employee is no longer employed by the company no action is necessary.

During the pandemic the DHS also announced COVID-19 related guidance allowing employers to review Form I-9 documents virtually, as of now this flexibility remains in place until April 30th.