Covid19 Changes To Form I-9 Practices: Expired List B IDs
Recently, the US Department of Homeland Security announced that it will modify Form I-9 requirements for certain List B documentation, in light of the fact that many state DMVs are closed and not renewing driver’s licenses and state IDs. A temporary policy was issued effective May 1st for List B identity documents set to expire on or after March 1, 2020, and not otherwise extended by the state, allowing an employer to treat these documents as if the employee presented a valid receipt. A similar policy has been in place for other documents for many years.
If an employee provides an acceptable List B document that has expired and not been extended by the issuing authority, an employer may record the document information in Section 2 under List B and add “COVID-19” in the Additional Information Field. However, 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 they presented when they were initially hired. DHS went one step further and stated that, while the agency prefers if the employee presents the replacement of the document that was expired to complete the process, if necessary, the employee may present a different List A or List B document or documents.
When the employee presents his or her unexpired replacement document, the employer will need to use the Additional Information Field again and record the number and other required document information from the replacement document and initial and date the change.
NOTE: if the employee’s List B identity document expired on or after March 1, 2020, and the state auto-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. Again, the employer should enter “COVID-19 EXT” in the Additional Information Field and should consider attaching a copy of a webpage or other notice indicating that the state has auto-extended the document. This information can be found by checking the state Motor Vehicle Administration or Department of Motor Vehicles’ website. In this situation, 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 to create an E-Verify case within three days of the date of hire as usual.