The DHS will end the COVID-19 Temporary Policy for List B Identity Documents, which allows employers to accept expired List B documents. Instead, from May 1, 2022, employers must only accept unexpired List B documents.
If an employee’s Form I-9 was completed between May 1, 2020, and April 30, 2022, with a List B document that expired on or after March 1, 2020, and the employee:
- Is still employed | the employee should provide an unexpired document that establishes identity from List B or List A. Then, in the “Additional Information” fields of section 2, the employer enters the relevant document information and initials the changes.
- Is no longer employed | no action is needed
Erickson Insights
Erickson Immigration Group will continue to share updates as more news is available. If you have questions about anything we’re reporting above or case-specific questions, please contact your employer or EIG attorney.