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Aug 20, 2020

Q&A: Expired List B documents temporarily okay for Form I-9


Question: Can we accept an expired driver’s license for the Form I-9 during this COVID-19 pandemic?

Answer: Yes, at least for now, if the license expired on or after March 1, 2020. The U.S. Department of Homeland Security has a temporary policy in place during the COVID-19 (coronavirus) pandemic allowing employers to accept List B identity documents that expired on or after March 1, 2020, in two circumstances.

First, if the issuing authority extended the expiration date, you may accept the document as a valid List B document. Enter the expiration date in Section 2 of Form I-9 and write “COVID-19 EXT” in the Additional Information field. It’s a good idea to attach documentation of the extension, such as a printout of a webpage from the state department of motor vehicles.

Second, if the issuing authority hasn’t taken action, you may treat the document as a receipt for an existing List B document that has been lost, stolen, or destroyed. Complete Section 2 of Form I-9 and write “COVID-19” in the Additional Information field. Normally a receipt is valid for only 90 days, but in this case, the worker will have 90 days after Homeland Security terminates this temporary policy to obtain and provide you with a valid unexpired document to replace the expired document.

The policy is meant to accommodate workers who have been unable to renew documents because of office closures or reduced services during the pandemic. List B documents prove an individual’s identity, not employment authorization. Some examples include a driver’s license, federal- or state-issued identification card with identifying information and a photograph, school identification card with a photograph, voter identification card, or U.S. military ID card. Vigilant will update members when the temporary policy expires.

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.