Form I-9 COVID-19 Document Relaxation Rule Coming to an End
Form I-9 COVID-19 Document Relaxation Rule Coming to an End

The Department of Homeland Security (DHS) announced that is it ending the List B identity document flexibilities it had provided employers since May 2020. Starting on May 1, 2022, employers may ONLY accept UNEXPIRED List B documents.  That means the List B document must be unexpired on its face when it is presented to the employer during the Form I-9 process.

Further, employers that accepted expired List B documents between May 1, 2020 and April 30, 2022 need to review their Form I-9’s to determine if any update to the Form I-9 is required for those employees. DHS has indicated that the following steps should be addressed and any necessary forms updated no later than July 31, 2022:

  • If the employee is still employed and the document’s expiration date was not auto-extended by the issuing authority, have the employee provide an unexpired document that establishes identity. Employees may present the renewed List B document, a different List B document or a document from List A. In the “Additional Information” field of Section 2 on the Form I-9, the employer needs to enter the document: title, issuing authority, number and  expiration date.  The company employee making the changes needs to initial and date the change. 
  • If the List B document’s expiration date was auto-extended by the issuing authority of the document prior to presentment during the Form I-9 process, DHS is treating that as “unexpired when presented” and no further action is required.
  • If the employee is no longer employed, no further action is required.

Employers should review their Form I-9 process and ensure those employees responsible for completing Section 2 of the Form I-9 on the company’s behalf are aware of these changes. Failure to do so can lead to substantial fines during a governmental Form I-9 audit.

  • Sara  Zorich

    When employers need assistance with workplace compliance, Sara is their first call. She concentrates her practice on day-to-day employment and labor counseling, immigration workplace enforcement, wage and hour issues and ...

Welcome to the Labor and Employment Law Update where attorneys from Amundsen Davis blog about management side labor and employment issues. 



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