18 Mar DHS Ends I-9 Flexibility Policy for Expired List B Documents
March 17, 2022, Washington, D.C.: 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.
Donoso & Partners, a leading immigration law firm based in Washington, D.C., will continue to report on developments regarding the immigration law and policy through our news section of donosolaw.com.