Temporary List B Expiration Flexibility Ends May 1, 2022

After over two years, the Department of Human Services (DHS) announced an end to the temporary ID document flexibility for Form I-9. The temporary policy has been in effect since May 1, 2020, when COVID-19 began to impact document renewals. The interim rule allows employers to collect expired List B documents for identification. List B documents include driver’s license, government-issued ID card, military card, and more.

“…identity documents found in List B set to expire on or after March 1, 2020, and not otherwise extended by the issuing authority, may be treated the same as if the employee presented a valid receipt for an acceptable document for Form I-9 purposes.”

Employers have until May 1 to implement procedures to change back to the permanent DHS policy. At that time, employers will no longer be allowed to accept expired List B documents. But that’s not all the policy change requires. Employers must collect updated documentation from anyone that gave an expired List B document between March 1, 2020, and April 30, 2022.

To update the record, for employees that are still employed, employers must:

• Have the employee provide an unexpired document that establishes identity. Acceptable documentation includes the renewed List B document, a different List B document, or a document from List A.
• Enter the document title, issuing authority, number, and expiration date in the “Additional Information” field in Section 2.
• Initial and date the record change.

No action is required for employees that are no longer employed. If the List B document was automatically extended by the issuing authority so that it was unexpired when presented, no further action is required.

Currently, this is the only temporary I-9 policy that DHS is ending. This week, the DHS again extended other temporary guidelines resulting from COVID-19 until October 31, 2022. Employers may want to monitor I-9 Central for updates to necessary Form I-9 requirements.