On May 1, 2020, a Temporary Policy was issued by the Department of Homeland Security (“DHS”) regarding List B identity documents used when completing the Form I-9 process. As stated by DHS in the Temporary Policy, “Because many areas are under stay-at-home orders due to COVID-19 and some online renewal services have restrictions, employees may experience challenges renewing a state driver’s license, a state ID card, or other Form I-9, Employment Eligibility Verification, List B identity document. Considering these circumstances, DHS is issuing a temporary policy regarding expired List B identity documents used to complete Form I-9, Employment Eligibility Verification.” According to the Temporary Policy, beginning May 1, 2020,  identity documents found in List B set to expire on or after March 1, 2020, and not otherwise extended by the issuing authority, may be treated the same as if the employee presented a valid receipt for an acceptable document for Form I-9 purposes.

Therefore, during the I-9 process, when an employee provides an acceptable expired List B document that has not been extended by the issuing authority, the employer should: record the document information in Section 2 under List B, as applicable; and enter the word “COVID-19” in the Additional Information field. 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 presented when initially hired. When the employee later presents an unexpired document, the employer should: in the Section 2 Additional Information field, record the number and other required document information from the actual document presented; and initial and date the change.

If the employee’s List B identity document expired on or after March 1, 2020, and the issuing authority has 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. When an employee provides an acceptable expired List B document that has been extended by the issuing authority, the employer should: enter the document’s expiration date in Section 2; and enter “COVID-19 EXT” in the Additional Information Field. For extended documents, the employee is not required to later present a valid unexpired List B document.

Gunster’s Immigration Practice Group continues to monitor these temporary policies throughout the COVID-19 outbreak, and we are available to answer your questions.

If you have any questions, please contact Gunster attorneys Sarah Tobocman, Mariana Ribeiro, Beatriz Osorio, and Maria Romero.

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This publication is for general information only. It is not legal advice, and legal counsel should be contacted before any action is taken that might be influenced by this publication.

About Gunster

Gunster, Florida’s law firm for business, provides full-service legal counsel to leading organizations and individuals from its 12 offices statewide. Established in 1925, the firm has expanded, diversified and evolved, but always with a singular focus: Florida and its clients’ stake in it. A magnet for business-savvy attorneys who embrace collaboration for the greatest advantage of clients, Gunster’s growth has not been at the expense of personalized service but because of it. The firm serves clients from its offices in Boca Raton, Fort Lauderdale, Jacksonville, Miami, Orlando, Palm Beach, Stuart, Tallahassee, Tampa, Vero Beach, and its headquarters in West Palm Beach. With more than 240 attorneys and consultants, and over 240 committed support staff, Gunster is ranked among the National Law Journal’s list of the 500 largest law firms and has been recognized as one of the Top 100 Diverse Law Firms by Law360. More information about its practice areas, offices and insider’s view newsletters is available at


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