DHS to Stop Accepting Expired List B Identity Documents Due to COVID-19 in May 2022

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DHS to Stop Accepting Expired List B Identity Documents Due to COVID-19 in May 2022

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.

ClearStar – a leading provider of Human Capital Integrity℠ technology-based services – offers staffing background checks that increase the speed to hire with mobile technology, exceptional turnaround times (TATs), and full integration with most Candidate Tracking Systems (ATSs). To learn more, contact ClearStar.

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    Thomas Ahearn - News Blog Editor and Public Relations Specialist

    Thomas Ahearn is our News Blog Editor and Public Relations Specialist. Our News Blog provides information about the background check industry to employers, HR professionals, recruiters, and consumers. ClearStar's News covers a variety of topics including Ban the Box, credit reports, criminal records, data breaches, drug testing, Equal Employment Opportunity Commission (EEOC), E-Verify, Fair Credit Reporting Act (FCRA), HR technology, identity theft and fraud, jobs reports, lawsuits involving screening, Millennial workforce, privacy issues, social media background checks, and workplace violence.

    At ClearStar, we are committed to your success. An important part of your employment screening program involves compliance with various laws and regulations, which is why we are providing information regarding screening requirements in certain countries, region, etc. While we are happy to provide you with this information, it is your responsibility to comply with applicable laws and to understand how such information pertains to your employment screening program. The foregoing information is not offered as legal advice but is instead offered for informational purposes. ClearStar is not a law firm and does not offer legal advice and this communication does not form an attorney client relationship. The foregoing information is therefore not intended as a substitute for the legal advice of a lawyer knowledgeable of the user’s individual circumstances or to provide legal advice. ClearStar makes no assurances regarding the accuracy, completeness, or utility of the information contained in this publication. Legislative, regulatory and case law developments regularly impact on general research and this area is evolving rapidly. ClearStar expressly disclaim any warranties or responsibility or damages associated with or arising out of the information provided herein.

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