Reminder to Reverify Form I-9 if Expired List B Documents Were Accepted During the Pandemic
U.S. Citizenship and Immigration Services temporarily permitted employers to accept expired List B identity documents for the Form I-9 as many document-issued authorities were closed due to the COVID-19 pandemic. This flexibility ended on May 1, 2022. As of May 1, 2022, employers must only accept unexpired List B documents.
Employers must contact the employee to update the Form I-9 by July 31, 2022, if the following occurred:
- The Form I-9 was completed between May 1, 2020, and April 30, 2022;
- The employee’s List B document expired on or after March 1, 2020; and
- The employee remains employed by the employer.
The employee may present a renewed List B document, a different List B document, or a document from List A which establishes identity and work authorization.
A List B document is not considered expired if it was automatically extended by the issuing authority when the employee presented it for the Form I-9. In such a situation no further action is needed by the employer because the employer did not accept an expired List B document.
If the employee is no longer with the company, no action is needed by the employer.
Foster will continue to monitor I-9 compliance requirements and will make future updates available via the Foster website at www.fosterglobal.com.