News & Resources

COVID-19 Policy for Accepting Expired Form I-9 Documents Ends April 30

BY: Rayna Alexander, Esq. | 04/29/22

Beginning May 1, employers will no longer be able to accept expired List B documents for Form I-9, Employment Eligibility Verification. In March, U.S. Citizenship and Immigration Services (USCIS) said it would discontinue the temporary policy that allowed employers to accept expired List B documents for Form I-9 [I-9 Central, DHS to End COVID-19 Temporary Policy for Expired List B Identity Documents, 3-17-22].

Employers Must Update Records

If employees presented an expired List B document between May 1, 2020, and April 30, 2022, employers are required to update these employees’ Forms I-9 by July 31, 2022, if they are still employed.

The employee will need to provide an unexpired document that establishes their identity. Then, in the Additional Information field of section 2, the employer should enter under the notation “COVID-19”: the document’s title, issuing authority, number, and expiration date. The employer should also initial and date the change. USCIS provided an example of how to update Form I-9.

Remote Inspection Allowed Until October 31

The flexibility of the physical presence requirements associated with Form I-9 was set to expire on April 30. However, the Department of Homeland Security has further extended the temporary requirements to October 31. This extension still only applies to employers and workplaces that are operating remotely.

To learn more about federal and state laws, regulations, and information to keep your company's payroll operations in compliance, check out Payroll Source Plus!

Rayna Alexander, Esq., is Editor of Payroll Information Resources for the APA.