I-9: Expired Documents No Longer Accepted

Beginning on May 1, 2022, employers will no longer be allowed to accept expired List B documents verifying an employee’s identity when completing form I-9.

On May 1, 2020, the Department of Homeland Security (DHS) instituted a temporary policy for List B identifying documents when many had a hard time renewing documents when the pandemic hit.

Additionally, the DHS site outlines that employers should review the I-9s of employees that were hired since May 1, 2020. And, if an expired List B item was presented when completing the I-9, the employer should obtain a valid document to replace the expired one. The update must be made by July 31, 2022.

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The information contained in this article is intended for educational purposes and to provide a general understanding of regulatory events, legislative changes and the law – not to provide specific legal advice. Employers are advised to discuss and/or receive counsel from their licensed legal or accounting professional, prior to implementing any new policy or policy change.