Changes to the I-9 Employee Identification Process – What You Need to Know

As of May 1, employers will no longer be accepting expired identity documents from List B for the verification of employee work eligibility on Form I-9.

While the U.S. Department of Homeland Security (DHS) allowed employees to present expired documents as part of a temporary policy instituted in May 2020 to accommodate constraints of the COVID-19 pandemic, this will no longer be the case. List B identity documents including driver’s licenses and state ID cards will now need to be current in order to move forward with employment.

Along with this policy change, the DHS has also issued another directive, requiring employers to update the I-9s of current employees who presented expired List B documents between May 1, 2020 and April 30, 2022. This update must be completed by July 31, 2022. To remain in compliance, employers should do an internal I-9 audit well in advance to give employees time to get their documentation in order and the forms updated.

This recent announcement from the DHS does not include any new information about the virtual review of Form I-9 documents, which will remain in effect until April 30, 2022. Many have requested the DHS continue this policy indefinitely or provide additional options for review, as the ability for employers to implement alternatives for the in-person inspection of identity and employment authorization has been beneficial while remote work has continued to be a trend. A proposed rule that would include alternatives is slated for publication by the DHS in June.

For more information regarding the I-9 process, help with conducting an I-9 audit, or other changes to guidelines related to COVID-19 and the employee identification process, contact PBO Advisory Group’s HR Service Line Director Laura Nieman.

Laura Nieman, PHR

HR Service Line Director