The Department of Homeland Security (DHS) is ending, , the COVID 19 Temporary Policy for List B Identity Documents, effective May 1, 2022. Thus, as of May 1, employers will no longer be able to accept expired List B documents. The original policy was discussed in a May 2020 blog - https://discuss.ilw.com/blogs/bbucha...st-b-documents.

Now that document issuing authorities have reopened and/or provided alternatives to in person renewals, DHS sees no need for this continued flexibility.

If an employee presented an expired List B document between May 1, 2020, and April 30, 2022, employers are required to update their Forms I-9 by July 31, 2022. Within 90 days of May 1, the employee will be required to present a valid unexpired document to replace the expired document presented when they were initially hired. Although it is best if the employee can present the replacement of the actual document that was expired, the employee may choose to present a different List A or List B document or documents and record the new document information in the Additional Information field.

When the employee later presents an unexpired document, you should do the following in Section 2 Additional Information field:
• Record the number and other required document information from the actual document presented; and
• Initial and date the change.

If you want to know more information on issues related to employer immigration compliance, I recommend you read The I-9 and E-Verify Handbook, a book I co-authored with Greg Siskind, and available at http://www.amazon.com/dp/0997083379.