The Three Sections of Form I-9

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DHS is ending the COVID-19 Temporary Policy for List B Identity Documents. Beginning May 1, Employers will no longer be able to accept expired List B documents.

DHS adopted the temporary policy in response to the difficulties many individuals experienced with renewing documents during the COVID-19 pandemic. Now that document issuing authorities have reopened and/or provided alternatives to in person renewals, DHS will end this flexibility. Starting May 1, 2022, employers must only accept unexpired List B documents.

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. See table below for update 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.


USCIS link: https://www.uscis.gov/i-9-central/covid-19-form-i-9-related-news/dhs-to-end-covid-19-temporary-policy-for-expired-list-b-identity-documents

If you have any questions about how the immigration and nationality laws in the United States may impact you or your family, or if you want to access additional information about United States or Canadian immigration and nationality laws, please feel free to get in touch with the immigration and nationality lawyers at Nachman, Phulwani, Zimovcak (NPZ) Law Group, P.C. You can send us an email at info@visaserve.com or you can call us at 201-670-0006 extension 104. In addition, we invite you to find more information on our website at www.visaserve.com