The U.S. Department of Homeland Security (DHS) is ending its temporary COVID-19 related policy which allowed employers to use expired List B identity documents when it came to I-9 forms. As a result, expired identity documents will no longer be accepted to verify an employee’s eligibility to work beginning May 1, 2022.
Authorities were unable to renew List B identity documents in a timely manner after COVID-19 became active in 2020, which allowed employees to temporarily present expired identity documents. Any employee who has provided employers with expired documents from May 1, 2020- April 30, 2022, will now be required to update their I-9s by July 31st, 2022.
According to DHS:
- Any employee who previously presented an expired List B document and is currently still an employee, must provide an updated document establishing their identity.
- No action is required if the employee is no longer employed by the company.
There is separate COVID-19-related guidance that allows employers to review Form I-9 documents virtually, which is different than this DHS announcement. Reviewing Form I-9 documents virtually is in effect until at least April 30th, 2022. Dawn Lurie, Senior Counsel in the immigration practice group stated, “The announcement signals to us that we are nearing the end of the COVID-19 relaxation of the in-person review policy, which means that companies should start to address the population of folks that were virtually completed.”
A violation in this regard could cost anywhere from $234 to thousands of dollars. Stacey Larotonda, GMS’ Vice President of Client Services, shares, “While some business owners think they are being cost savvy by keeping their HR functions in-house, they’re actually gambling on how expensive an overlooked error could be. All too often we see business owners being slapped with large fines, simply because they didn’t know better or weren’t keeping up with these legislative changes.”
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