Vigilant Blog

News, trends and analysis in employment law, HR, safety & workers' comp

Apr 07, 2022

Expired Form I-9 List B documents unacceptable as of May 1, 2022


The U.S. Department of Homeland Security (DHS) is ending its COVID-19 temporary policy that allowed employers to accept List B identity documents that expired on or after March 1, 2020. Effective May 1, 2022, you must only accept unexpired List B identity documents for completing Form I-9. If an employee provided an expired List B document between May 1, 2020, and April 30, 2022 (and the expiration occurred on or after March 1, 2020), you must update their Form I-9 by July 31, 2022. DHS has provided the following guidance for employees who are still employed:

  • Require the employee to provide an unexpired replacement document. The document may be the renewed List B document previously provided, a different List B document, or a document from List A.
  • In the Additional Information field of Section 1, enter the document title, issuing authority, number, and expiration date.
  • Initial and date the changes.

If the employee is no longer employed, then no action is necessary. If the List B document was automatically extended by the issuing authority, it was unexpired when presented, so no action is necessary.

Tips: Although you’re not required to have the Form I-9 updated until July 31, 2022, we recommend you determine how many and which ones will need to be updated to provide yourself plenty of time to make those updates. Also, be aware the limited authorization for remote inspection of Form I-9 is currently set to expire April 30, 2022, which may lead to additional forms needing updates. For more information on your obligations for completing Form I-9 upon resuming in-person work, see our previous newsletter article.

This website presents general information in nontechnical language. This information is not legal advice. Before applying this information to a specific management decision, consult legal counsel.