Starting on May 1, 2022, the U.S. Department of Homeland Security (DHS) will end the COVID-19 Temporary Policy for List B Identity Documents and employers will no longer be able to accept expired List B documents, according to an announcement from the U.S. Citizenship and Immigration Services (USCIS).
In response to the difficulties individuals experienced with renewing documents during the COVID-19 pandemic, the DHS adopted the COVID-19 Temporary Policy for List B Identity Documents in May 2020. Now that document issuing authorities have reopened and provided alternatives to in person renewals, the DHS is ending this flexibility.
Employers must only accept unexpired List B documents beginning on May 1, 2022. If an employee presented an expired List B document between May 1, 2020, and April 30, 2022, employers are required to update each Form I-9 by July 31, 2022. If the employee is no longer employed, no action is required.
If the employee who presented an expired List B document is still employed, the employee should provide an unexpired document that establishes identity. In the “Additional Information” field of Section 2, the employer should enter the document title, issuing authority, number, and expiration date. The employer should initial and date the change.
In addition, due to precautions implemented by employers and employees associated with COVID-19, the DHS announced in March 2020 that it would exercise prosecutorial discretion to defer the physical presence requirements associated with the Form I-9 under Section 274A of the Immigration and Nationality Act.
The DHS extended the flexibilities in Form I-9 rules several times with the most recent extension being to April 30, 2022. Employees that work in a remote setting due to COVID-19 will continue to be temporarily exempt from physical inspection requirements associated with Form I-9 until they undertake non-remote employment.
Employers should monitor the DHS and USCIS websites for additional updates regarding when the extensions will be terminated and normal operations will resume. For more information about temporary policies related to COVID-19, visit www.uscis.gov/i-9-central/form-i-9-related-news/temporary-policies-related-to-covid-19.
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