Department Of Homeland Security Ends the COVID-19 Temporary Policy For Expired List B Identity Documents

For the duration of the COVID-19 pandemic, the U.S. Department of Homeland Protection (“DHS”) adopted a temporary coverage in reaction to the problems several people today experienced with renewing paperwork.  As element of that short term plan, employers have been permitted to think about expired Checklist B identification files when completing the Variety I-9 (“Employment Eligibility Verification”) which is expected for employment in the United States.

The DHS lately announced that mainly because doc-issuing authorities have reopened and/or have delivered alternate options to in-particular person renewals, the DHS is ending the momentary plan. Beginning Might 1, 2022, companies have to only take unexpired Record B paperwork when finishing Form I-9s.

BUT… which is not all.  If an employee’s Type I-9 was concluded between Might 1, 2020 and April 30, 2022 with an expired Checklist B document and that doc expired on or soon after March 1, 2020, the employer has an affirmative obligation to get more steps to comply with the regulation if the employee is continue to used.

The DHS calls for that the employer do the adhering to by July 31, 2022:

• Have the employee deliver an unexpired doc that establishes identification. Workforce may possibly present the renewed Record B document (of the previously expired doc introduced), a distinct List B doc or a document from Record A.
• In the “Additional Information” discipline in Portion 2 of the Sort I-9, the employer enters the doc title issuing authority number and expiration day.
• The employer initials and dates the modify made on the Type I-9.

Employers really should audit all Variety I-9s accomplished amongst Could 1, 2020 and April 30, 2022 to ascertain if any of them want to be up-to-date with a recent (unexpired) id doc. Employers are also reminded that it is a violation of federal regulation to knowingly use and use an particular person who is not authorized to do the job in the United States. So, if an staff is unable to provide an satisfactory unexpired identity document to update the Type I-9, businesses should request lawful counsel regarding the suitable techniques to consider in buy to avoid potential legal publicity.

Far more data about Form I-9 compliance can be received from the DHS web site at https://www.uscis.gov/i-9-central