DHS Says Employers Have Until July 31, 2022 to Update I-9s with Expired List B Documents – General Immigration


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Employers who accepted expired Form I-9 employment eligibility verification documents under the U.S. Department of Homeland Security’s (DHS) flexibility policy during the height of the COVID-19 pandemic. 19 must update their I-9 forms by July 31, 2022, the department confirmed. .

On July 6, 2022, the DHS tell employers “to update their I-9 forms by July 31, 2022” for all employees who completed their I-9 checks with expired documents between May 1, 2020 and April 30, 2022.

DHS instituted the temporary Expired Documents Authorization Policy in 2020 in the face of difficulties for employees obtaining up-to-date identity documents due to stay-at-home orders and government office closures during the COVID pandemic. -19. Now that document-issuing authorities have reopened, DHS has ended this flexibility effective May 1, 2022, and employers are only allowed to accept unexpired List B documents, which include driver’s licenses. , state IDs, and school photo IDs.

According to guidance provided by DHS, this update has several implications for an employee who completed the I-9 check between May 1, 2020 and April 30, 2022, with documents that expired on or after March 1, 2020.

The expiration of the flexibility policy means that DHS requires employers to do the following if the employee is still employed:

  • Ask the employee to provide unexpired documents that establish identity, either through a renewed List B document, a different List B document, or a List B document HAS.

  • Complete the “Additional Information” field in Section 2 of Form I-9 with the employee’s new, unexpired document: (1) Title; (2) issuing authority; (3) Number; and (4) Expiration Date.

  • Initial and date the change.

For employees who are no longer employed or who have submitted an unexpired or self-extending List B document, “no action is required,” according to DHS guidelines.

The policy reminder comes after DHS Immigration and Customs Enforcement (ICE) on April 25, 2022 extended a policy to exempt employers from the requirement to review form identification documents. I-9 in physical presence of employees until October 31, 2022. ICE had updated the policy in March 2021 to allow employers to continue virtual review of documents for employees hired after April 1, 2021, who work exclusively in a remote environment due to COVID-19 precautions until the flexibility policy ends or until employees regularly return to non-remote work environments.

The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.

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