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The Department of Homeland Security (DHS) has announced it is ending the COVID-19 Temporary Policy for List B Identity Documents which allowed employers to accept expired List B identity documents for I-9 purposes. Beginning May 1, 2022, Employers will no longer be able to accept expired List B Documents.

Beginning on May 1, 2022, employers can only accept unexpired List B documents going forward. If a current employee presented an expired List B document between May 1, 2020 and April 20,2022, the employer must update their Forms I-9 by July 31, 2022. No action is required if the employee is no longer employed with the company or if the List B document was automatically extended by the issuing authority (meaning it was unexpired when presented).

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  • What Does This Mean for Employers?

  • How Do Employers Update the I-9?

  • Does This Change Form I-9 Inspection Compliance Flexibility?

  • What if My Employee Does Not Have an Unexpired List B Document?

Thompson Coe and myHRgenius Tip of the Week is not intended as a solicitation, does not constitute legal advice, and does not establish an attorney-client relationship.


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