DHS to End Temporary Policy Allowing Expired List B Documents

DHS to End Temporary Policy Allowing Expired List B Documents

The Department of Homeland Security (DHS) has announced that it will terminate its temporary policy for expired List B documents on May 1, 2022. As you may recall, this temporary policy was put in place in response to the COVID-19 pandemic and the resulting difficulties employees faced with identity document renewals, as required by Form I-9. Since most document-issuing authorities have reopened or now offer adequate alternatives to in-person renewals, DHS has decided to end this flexibility.

Accordingly, beginning May 1, employers will be required to accept only unexpired List B identity documents. Also, employers will be required to update by July 31, 2022 any I-9 Forms completed by employees between May 1, 2020 and April 30, 2022 with expired List B documents, which were not formally extended by their issuing authority. The below chart prepared by U.S Citizenship and Immigration Services (USCIS) summarizes these updated 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. 

If you would like assistance with updating your I-9 Forms or for help with I-9 compliance or other employment-related issues, please feel free to contact a member of our employment team:

Lorna Hebert              (617) 512-8401
Christy Kotowski   (510)-748-0930
Trish Lantzy                 (804) 683-1737
Natasha Lipcan          (203) 820-6754
Margaret Scheele    (703) 408-4718

Lorna Hebert (New England team) is an employment, labor, higher education, and litigation attorney with nearly 30 years of experience handling a broad range of complex employment and labor matters. Lorna advises clients on a wide range of employment matters, including workplace investigations, dispute resolution, hiring, performance management, discipline, terminations, reorganizations,  accommodations, employee benefits, wage and hour issues,  discrimination claims, policies and procedures, and training.

Christy Kotowski (California team) Based in the San Francisco Bay Area, Christy handles a broad range of complex workplace issues at the federal, state and local levels. Previously, she worked as in-house employment counsel for several large companies, and started her legal career in the Silicon Valley office of Morrison & Foerster, one of California’s oldest and largest law firms. 

Patricia Lantzy (Washington D.C. team) is a labor and employment attorney with almost 30 years of experience. Trish works with a wide range of clients, from individual executives and small businesses to the Fortune 500, on employment-related issues across the employee lifecycle, including recruiting, hiring, workplace harmony and leave issues, performance and discipline/discharge, corporate reorganizations and reductions in force.

Natasha Lipcan (New York team) is an employment law attorney with more than 20 years of experience representing private employers in a broad range of employee-related matters. She handles a wide range of employment issues, including employment law compliance, organizational change, diversity and inclusion, employment-related agreements, arbitrations and litigations, wage and hour, workplace training and policies, and recruiting, hiring, managing and terminating employees.

Margaret Scheele (Washington D.C. team) is an employment law attorney with almost 30 years of experience. Margaret has represented a range of clients in a variety of industries, including aviation, food service, telecommunications, health care, and government contracting. Her practice includes the full range of advice and counseling work that arises within the employment context, including most recently COVID-related matters. 


Subscribe to Our Blog