DHS to End Temporary Policy Allowing Expired List B Documents

The Department of Homeland Security (DHS) has announced that it will terminate its temporary policy for expired List B documents on May 1, 2022. As you may recall, this temporary policy was put in place in response to the COVID-19 pandemic and the resulting difficulties employees faced with identity document renewals, as required by Form I-9. Since most document-issuing authorities have reopened or now offer adequate alternatives to in-person renewals, DHS has decided to end this flexibility.

Accordingly, beginning May 1, employers will be required to accept only unexpired List B identity documents. Also, employers will be required to update by July 31, 2022 any I-9 Forms completed by employees between May 1, 2020 and April 30, 2022 with expired List B documents, which were not formally extended by their issuing authority. The below chart prepared by U.S Citizenship and Immigration Services (USCIS) summarizes these updated requirements:

If the employee’s Form I‑9 was completed between May 1, 2020 and April 30, 2022 with an expired List B document and that document expired on or after March 1, 2020, and the employee:	Then:
Is still employed.	Have the employee provide an unexpired document that establishes identity. Employees may present the renewed List B document, a different List B document or a document from List A. In the “Additional Information” field of Section 2, the employer enters the document:  Title;  Issuing authority;   Number; and  Expiration date.  The employer initials and dates the change. See Form I‑9 example.
Is no longer employed.	No action is required.
The List B document was auto extended by the issuing authority, so it was unexpired when presented.	No action is required because the document was unexpired when presented.

If the employee’s Form I‑9 was completed between May 1, 2020 and April 30, 2022 with an expired List B document and that document expired on or after March 1, 2020, and the employee:	Then:
Is still employed.	Have the employee provide an unexpired document that establishes identity. Employees may present the renewed List B document, a different List B document or a document from List A. In the “Additional Information” field of Section 2, the employer enters the document:  Title;  Issuing authority;   Number; and  Expiration date.  The employer initials and dates the change. See Form I‑9 example.
Is no longer employed.	No action is required.
The List B document was auto extended by the issuing authority, so it was unexpired when presented.	No action is required because the document was unexpired when presented.

If the employee’s Form I‑9 was completed between May 1, 2020 and April 30, 2022 with an expired List B document and that document expired on or after March 1, 2020, and the employee:	Then:
Is still employed.	Have the employee provide an unexpired document that establishes identity. Employees may present the renewed List B document, a different List B document or a document from List A. In the “Additional Information” field of Section 2, the employer enters the document:  Title;  Issuing authority;   Number; and  Expiration date.  The employer initials and dates the change. See Form I‑9 example.
Is no longer employed.	No action is required.
The List B document was auto extended by the issuing authority, so it was unexpired when presented.	No action is required because the document was unexpired when presented.