May 09, 2022

The U.S Citizenship and Immigration Services (USCIS) made two announcements regarding I-9 compliance on April 25, 2022 you should know about.

DHS To End COVID-19 Temporary Policy for Expired List B Identity Documents

Beginning May 1, employers will no longer be able to accept expired List B documents for Form I-9. In March, the USCIS said it would discontinue the temporary policy that allowed employers to accept expired List B documents for Form I-9.

Employers Must Update Records

If employees presented an expired List B document between May 1, 2020, and April 30, 2022, employers are required to update these employees’ Forms I-9 by July 31, 2022, if they are still employed.

The employee will need to provide an unexpired document that establishes their identity. Then, in the Additional Information field of section 2, the employer should enter under the notation “COVID-19”: the document’s title, issuing authority, number, and expiration date. The employer should also initial and date the change. USCIS provided an example of how to update Form I-9.

When hiring new employees, employers are required to verify the identity of the individual by having the new employee present an appropriate ID in person. The employer must verify that the documents reasonably appear to be genuine.

ICE Announces Extension To I-9 Compliance Flexibility

The in-person verification process was suspended to accommodate remote employees during the pandemic starting in May 2020.

The Department of Homeland Security (DHS) and the U.S. Immigration and Customs Enforcement (ICE) announced another extension of the temporary requirements allowing flexibility of the physical presence requirements associated with the Form I-9, Employment Eligibility Verification.

To view the notifications go to: extension notification, expired ID’s no longer accepted.

Agencies Encourage Document Verification

The agencies encourage employers to begin in-person verification of identity and employment eligibility documentation for employees hired on or after March 20, 2020, who presented documents remotely.

The extension still only applies to employers and workplaces that are operating remotely.

I-9, Employment Eligibility Verification(As described by USCIS)

Use Form I-9 to verify the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must properly complete Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens. Both employees and employers (or authorized representatives of the employer) must complete the form.

On the form, an employee must attest to his or her employment authorization. The employee must also present his or her employer with acceptable documents evidencing identity and employment authorization. The employer must examine the employment eligibility and identity document(s) an employee presents to determine whether the document(s) reasonably appear to be genuine and to relate to the employee and record the document information on the Form I-9. The list of acceptable documents can be found on the last page of the form. Employers must retain Form I-9 for a designated period and make it available for inspection by authorized government officers.