July 31, 2022 Deadline To Update Form I-9 as COVID-19 Temporary Policy for Expired List B Identity Documents Ends

The Immigration Reform and Control Act of 1986 provides requirements for Form I-9, Employment Eligibility Verification. This law prohibits employers from hiring and employing an individual for employment in the United States if the individual is not authorized with respect to such employment. Employers are required to verify both the individual’s identity and employment authorization on Form I-9.

Employees must provide physical documentation to their employers to show their identity and authorization to work, which employers must acknowledge on the I-9 form. Employees must provide either a list A document (identity and employment authorization)(1) OR a list B (identity only) + a list C document (employment authorization)(2).

Previously, the Department of Homeland Security (DHS) created a COVID-19 Temporary Policy regarding documents establishing identity found on List B. DHS allowed these documents, which were set to expire on or after March 1, 2020 (and not otherwise extended by the applicable issuing authority) to be treated the same as if the employee presented a valid receipt for an acceptable document for Form I-9 purposes. DHS adopted the temporary policy in response to the difficulties many individuals experienced with renewing documents during the COVID-19 pandemic, such as a driver’s license.

Because document-issuing authorities have reopened and/or provided alternatives to in-person renewals, DHS will end this flexibility and the COVID-19 Temporary Policy for List B Identity Documents. Since May 1, 2022, employers are no longer be able to accept expired List B documents, and 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.

[1] List A documents show both identity and employment authorization. 
Examples are U.S. Passport, Permanent Resident Card, or Employment Authorization Document

[1] List B documents establish identity – examples are driver’s license, voter registration card, U.S. military card   List C documents only establish employment authorization – examples are Social Security Card, original copy of a birth certificate