COVID-19 Client Resources and Updates

Temporary Acceptability of Expired List B Identity Documents for Form I-9

The Department of Homeland Security (“DHS”) has issued a temporary policy change as of May 1, 2020 regarding Form I-9 Employment Eligibility Verification, List B identity documents.  Given that it may not be possible to renew state driver’s licenses, ID cards, and other acceptable List B identity documents during COVID-19 closures and restrictions, for any such documents that expire on or after March 1, 2020, the following policies apply:

• If the expired document is not automatically extended by the issuing authority, the employer may accept that document and treat it the same as a valid receipt for an acceptable document for Form I-9 purposes.  The employee must present a valid, unexpired document from List A or List B within 90 days after the termination of this temporary policy.

• If the expired document is automatically extended by the issuing authority, the employer may accept that document and treat it the same as an acceptable, unexpired document for Form I-9 purposes.

• E-Verify employers should create an E-Verify case within three days of the date of hire, using the employee’s expired List B document number.

Form I-9 Employment Eligibility Verification Updates

Employers should take note of several recent Form I-9 updates below and be sure to review applicable internal practices for hiring and re-verifying employees:

• As of May 1, 2020 all employers must use only the 10/21/2019 edition of Form I-9, Employment Eligibility Verification.

• On April 27, 2020 a revised M-274, Handbook for Employers: Guidance for Completing Form I-9 was released.  There is a summary of changes available online at I-9 Central.

• DHS has posted a COVID-19 Q&A section at https://www.uscis.gov/i-9-central/questions-and-answers-related-temporary-policies-form-i-9-and-e-verify.

Please also refer to Form I-9 instructions and updates available at:  https://www.uscis.gov/i-9-central/whats-new.

Associate Ashley Moore contributed to this briefing.

Wiggin and Dana’s Immigration and Nationality Law and Compliance Practice Group will continue to provide briefings as more information becomes available. Please contact the practice group Co-Chair, Najia Khalid, at 203.498.4314 or nkhalid@wiggin.com if you have any questions.

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