COVID-19: Employers Can Accept Expired Identity Documents for Form I-9


All Employers


May 1, 2020


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(888) 378-2456

The U.S. Citizenship and Immigration Services (USCIS) recently announced a temporary policy allowing employers to accept expired List B identity documents when completing Form I-9. Specifically, List B documents set to expire on or after March 1, 2020 may be treated the same as if the employee presented a valid List B document for Form I-9 purposes.

If an employee has an expired document that is not otherwise extended by the issuing authority, the employer must record the document information in Section 2 under List B and write “COVID-19” in the Additional Information Field. Within 90 days after the temporary policy ends, the employee must provide a valid, unexpired document to replace the expired document given when they were initially hired. However, the employee may present a different List A or List B document and is not required to present an unexpired version of the earlier document. The employer must record the new document information in the Additional Information Field and initial and date the change.

If an employee has an expired document that is extended by the issuing authority, the employer must record the document’s expiration date in Section 2, enter “COVID-19 EXT” in the Additional Information Field, and  attach a copy of a webpage or other notice indicating that the issuing authority has extended the documents.  Where the issuing authority has extended the validity of the document, the employee is not required to later present a valid, unexpired List B document.

Employers should stay informed for when this temporary policy is discontinued by the Department of Homeland Security to return to regular Form I-9 procedures and update completed Form I-9’s where applicable.

Action Items

  1. Review the temporary policy here.
  2. Have hiring personnel trained on how to complete Form I-9.
  3. Track expired List B documents for replacement after the temporary policy ends.
  4. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2020 ManagEase

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