Temporary Policy for Form I-9 List B Identity Documents

With COVID-19 shelter-in-place orders creating challenges for renewing state- and federal-issued identification documents, the U.S. Department of Homeland Security (DHS) has issued a temporary policy regarding expired List B identity documents used to complete the Employment Eligibility Verification for Form I-9.

Per DHS: Beginning on May 1st, identity documents found in List B set to expire on or after March 1st, 2020, and not otherwise extended by the issuing authority, may be treated the same as if the employee presented a valid receipt for an acceptable document for Form I-9 purposes. Be sure to document your use of the temporary exception on the Form I-9 as described in the policy and follow-up with an examination of unexpired documents after the temporary policy terminates.

Additional information on the temporary policy can be found on the What’s New page of the E-Verify website.