At the onset of COVID-19, U.S. Citizenship and Immigration Services (USCIS) issued a temporary policy allowing employers to accept expired List B documents to complete I-9s.

The temporary rule was implemented as many individuals were unable to renew or receive driver’s licenses, state I.D. cards, and other documents that establish identity. On May 1, 2022, the Department of Homeland Security (DHS) ended the temporary policy. As of this date, DHS resumed the original policy requiring unexpired List B documents for I-9s. On July 22, USCIS issued a notice reminding employers to update I-9s for any employee who presented an expired List B document and to do so on or before July 31, 2022.

To update, employers must ask employees to provide an unexpired List B document or an unexpired List A document. For additional information, please see: DHS Ended COVID-19 Temporary Policy for Expired List B Identity Documents