Client Alert: Temporary Policy for Form I-9 List B Documents

  FORM I-9 ANNOUNCEMENT COVID-19 Temporary Policy for List B Identity Documents

Dear Valued Clients:

The United States Department of Homeland Security (DHS) is issuing a temporary policy regarding expired “List B” identity documents used to complete Form I-9, Employment Eligibility Verification due to the circumstances that many areas are experiencing a stay-at-home orders due to the novel COVID-19. According to the U.S. Citizenship and Immigration Services (USCIS), employees currently have the option of presenting one “List A” or the combination of one “List B” and one “List C” when submitting Form I-9 to verify their eligibility to accept employment in the United States.

List B identity documents include the following:

A state driver’s license;
a state ID card;
or other Form I-9, Employment Eligibility Verification
Beginning May 1st, any documents that will expire on or after March 1, 2020 found in list B may be treated the same as if the employee presented a valid receipt for an acceptable document for Form I-9 purposes.

When your employees provide an acceptable expired List B document that has not been extended by the issuing authority you should:

• Record the document information in Section 2 of Form I-9 under List B, as applicable; and, Enter the word “COVID-19” in the Additional Information Field. Within 90 days after DHS’s termination of this temporary policy, the employee will be required to present a valid unexpired document to replace the expired document presented when they were initially hired.

Note: It is best if the employee can present the replacement of the actual document that was expired, but if necessary, 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:

• In the Section 2 Additional Information field:
Record the number and other required document information from the actual document presented;
Initial and date the change.

Procedure for List B Documents extended by an Issuing Authority

• If the employee’s List B identity document expired on or after March 1, 2020, and the issuing authority has extended the document expiration date due to COVID-19, the document is acceptable as a List B document for Form I-9 (not as a receipt) during the extension timeframe specified by the issuing authority.
When your employee provides an acceptable expired List B document that has been extended by the issuing authority you should:

• Enter the document’s expiration date in Section 2; and,
Enter “COVID-19 EXT” in the Additional Information Field.

Employers may also attach a copy of a webpage or other notice indicating that the issuing authority has extended the documents. Employers can confirm that their state has auto-extended the expiration date of state IDs and driver’s licenses by checking the state Motor Vehicle Administration or Department of Motor Vehicles’ website.
Note: For extended documents, the employee is not required to later present a valid unexpired List B document.

E-Verify participating employers should use the employee’s expired List B document number from Section 2 of the Form I-9 to create an E-Verify case as usual within three days of the date of hire.

DHS continues to monitor the ongoing COVID-19 national emergency and will provide updated guidance as needed. Click to edit this placeholder text.

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