Form I-9 Updates – Extensions and Expirations of COVID-19 Permissions

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Form I-9 Remote Inspection Accommodation Extended to April 30, 2022

In order to accommodate social distancing and remote work during the pandemic, the U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement announced special rules in 2020 permitting employers to remotely inspect employee work authorization documents visually for purposes of Form I-9 compliance, with physical inspection delayed to a later date.  This accommodation was set to expire on December 31, 2021 but was extended to April 30, 2022. This provision only applies to employers and workplaces that are operating fully remotely.

Expired Identity Documents No Longer Accepted for Form I-9 as of May 1, 2022

When government agencies were slowed due to pandemic restrictions in 2020, the DHS permitted employers to accept expired List B identity documents when completing Form I-9. Because of the changes in how the pandemic is now managed, the DHS announced that as of May 1, 2022, employers can no longer accept expired List B identity documents for Form I-9 compliance; presented List B documents must be valid and unexpired.

Additionally, employees who presented expired List B documents between May 1, 2020 and April 30, 2022 must revalidate their I-9 form and present an unexpired identity document by July 31, 2022. Employees may present a valid and unexpired version of the identity document originally presented, a different valid List B document, or a List A document. This process applies to individuals who are current employees as of May 1, 2022.

 

Action Items

  1. Update Form I-9 processing practices for compliance.
  2. Have appropriate personnel trained on Form I-9 updates.
  3. Track Form I-9s completed with expired documents during the pandemic and notify employees of the need to present unexpired documents by the deadline.
  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.

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