The Department of Homeland Security (DHS) has issued a temporary policy change regarding items listed within List B of Form 1-9. The change is due to stay-at-home orders in effect due to the coronavirus that is causing difficulty for those in need to renew their state driver’s license, a state ID card, or other Form I-9, or any other Employment Eligibility Verification, List B identity document.
Beginning on May 1, all the identity-related documents found under List B that is 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.
WHAT TO DO: If an Employee Provides an Acceptable (but expired) List B Document That Hasn’t Been Extended by the Issuing Authority:
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 they were initially hired.
NOTE: It’s best if the employee can present the replacement of the actual document that was expired, but if necessary, the employee can choose to present a different List A or List B document(s) and record the new document information in the Additional Information Field.
WHAT TO DO: If a The Employee Presents An Unexpired Document:
In Section 2 Additional Information field:
Record the number and other required document information from the actual document presented;
Initial and date the change.
Procedure for List B Documents Extended by an Issuing Authority
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.
WHAT DO TO: When an Employee Provides an Acceptable (but expired) List B Document That Has Been Extended by The Issuing Authority:
Enter the document’s expiration date in Section 2; and,
Enter “COVID-19 EXT” in the Additional Information Field.
Employers can attach a copy of a webpage or other notice indicating that the issuing authority has extended the documents. Employers can confirm that their state has auto-extended the expiration date of state IDs and driver’s licenses by checking the state Motor Vehicle Administration or Department of Motor Vehicles’ website.
NOTE: For extended documents, the employee is not required to later present a valid unexpired List B document.
E-Verify participating employers should use the employee’s expired List B document number from Section 2 of the Form I-9 to create an E-Verify case as usual within three days of the date of hire.
To learn more or visit the FAQ on Form I-9 please visit the USCIS.gov page.