2022Form I-9

Written By ESR News Blog Editor Thomas Ahearn

The Department of Homeland Security (DHS) has announced that it is ending the COVID-19 Temporary Policy for List B Identity Documents and employers will no longer be able to accept expired List B documents beginning on May 1, 2022, according to an announcement from the U.S. Citizenship and Immigration Services (USCIS).

The DHS adopted the COVID-19 Temporary Policy for List B Identity Documents in response to the difficulties individuals experienced with renewing documents during the COVID-19 pandemic. Now that document issuing authorities have reopened and provided alternatives to in person renewals, the DHS is ending this flexibility.

Starting May 1, 2022, employers must only accept unexpired List B documents. If an employee presented an expired List B document between May 1, 2020, and April 30, 2022, employers are required to update each Form I-9 by July 31, 2022. If the employee is no longer employed, no action is required.

If the employee is still employed, the employee should provide an unexpired document that establishes identity. Employees may present the renewed List B document, a different List B document, or a document from List A.
In the “Additional Information” field of Section 2, the employer enters the document:

On March 20, 2020, due to precautions implemented by employers and employees associated with COVID-19, the DHS announced that it would exercise prosecutorial discretion to defer the physical presence requirements associated with the Form I-9 under Section 274A of the Immigration and Nationality Act.

The DHS extended the flexibilities in Form I-9 rules several times with the most recent extension being to April 30, 2022. Employees that work in a remote setting due to COVID-19 will continue to be temporarily exempt from physical inspection requirements associated with Form I-9 until they undertake non-remote employment.

Employers should monitor the DHS and USCIS websites for additional updates regarding when the extensions will be terminated and normal operations will resume. For more information about temporary policies related to COVID-19, visit www.uscis.gov/i-9-central/form-i-9-related-news/temporary-policies-related-to-covid-19.

Employment Screening Resources® (ESR) – a service offering of ClearStar, a leading provider of Human Capital Integrity℠ technology-based services specializing in background and medical screening – provides a robust Form I-9 solution so employers may compliantly verify work status. To learn more, contact ESR today.

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