Expired Identity Documents No Longer Acceptable  

Federal law requires employers to obtain from every new worker a completed Form I-9 and satisfactory supporting documents from  Lists A, B and/or C as a condition of hiring.  The documents on List B establish identity only, such as driver’s licenses, voter registration cards, or military IDs.

To accommodate pandemic disruptions, U.S. Citizenship & Immigration Services (USCIS) issued rules effective May 1, 2020 that permitted employers to temporarily accept expired List B identity documents when renewal was impossible due to closed motor vehicle or other government offices.

With most such offices now reopened and new alternative renewal methods in place, USCIS is canceling this relaxed requirement. Starting May 1, 2022, employers must only accept unexpired List B documents.

For persons they still employ, companies that accepted expired documents under the temporary rule must obtain either a renewed or different unexpired List B document by July 31, 2022.  Management must also document compliance in the “Additional Information” field on each affected employee’s I-9 form.  No such action is required for persons no longer employed.

Take-Away:  As of May 1, 2022, all employers must stop accepting expired List B documents. They also must replace expired documents previously accepted by July 31, 2022.

For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

See also:

• What’s New in 2022 Devilish Details – Special I-9 Rules for COVID-Caused Remote Workers are Extended to April 30, 2022 (January 21, 2022)
• No-Fail Detail – Pandemic-Driven Form I-9 Documentation Rules Extended to May 31, 2021 (April 15, 2021)

Helena Kobrin
March 31, 2022