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.
