Employers who had employees submit expired List B credentials for Form I-9 Employment Eligibility Verification between May 1, 2020, and April 30, 2022, must update their Form I-9 with current documentation by July 31, 2022. Your immigration attorney in New York can help you on this matter.
The restrictions and lockdowns during the height of the COVID-19 pandemic prevented issuing authorities from renewing the documents on time. DHS temporarily provided a policy that allowed employees to show expired List B documents from May 1, 2020, to April 30, 2022. However, on May 1, 2022, DHS canceled the temporary policy and encouraged updating Forms I-9 by July 31, 2022.
If the employee is still working for you:
a) Request a document from the employee that establishes their identity. It might be a renewed List B form, a different List B form, or an employment authorization document that shows both identity and work authorization.
b) As the employer, you need to provide the document's title, issuing authority, number, and expiration date in the "Additional Information" box in Section 2 of Form I-9.
No action is required if your employee initially presented a List B document that was supposedly expired but automatically extended by an issuing authority. It’s already considered unexpired by the DHS.
If the employee is no longer working for you, then no action is necessary.
Expired List B documents no longer apply for I-9 purposes, but eligible employers may continue virtually reviewing I-9 documents by email or fax or over a video link until October 31, 2022. The flexibility is allowed until the employee starts non-remote employment on a regular, predictable, or consistent basis or until the policy’s termination.
The DHS is already working on making the temporary virtual I-9 flexibility a permanent rule.
Do you require support when hiring immigrant workers? Contact an immigration attorney in New York.
