Form I-9: No more expired documents

March 30, 2022

Brand's Paycheck

Starting May 1, employers will no longer be able to accept expired identity documents for verifying work eligibility on the I-9 Form.

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 for I-9 purposes.

List B identity documents include driver's licenses and state ID cards.

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.

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 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.

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