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Expired List B Documents No Longer Permitted to Satisfy I-9 Obligations

By Elizabeth A Coonan
March 25, 2022
  • I-9
  • Immigration
  • United States
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Earlier this month, the Department of Homeland Security issued an announcement indicating that beginning May 1, 2022, employers will no longer be permitted to accept expired List B documents in satisfaction of the employer’s Form I-9 obligations.

DHS initially “adopted this temporary policy in response to the difficulties many individuals experienced with renewing documents during the COVID-19 pandemic.” As the pandemic issues start to ease and the document-issuing authorities have re-opened or adapted to permit online or alternative renewal processes, DHS no longer views the flexibility as necessary.

Accordingly, if an employee presents an expired List B document through the I-9 process, it will need to be rejected.  Additionally, if an employee presented an expired List B document at any point between May 1, 2020, and April 30, 2022, employers are required to update their I-9 forms, provided the employee is still employed by the business. Some exceptions apply so please contact competent immigration counsel should you have questions.

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Dentons Davis Brown, Department of Homeland Security, Employment, Form I-9, Immigration, List B
Elizabeth A Coonan

About Elizabeth A Coonan

Elizabeth (Beth) is an employment lawyer who knows the cornerstone of any effective human resources management strategy is a strong policy development and implementation process that adapt to the changing needs of her clients. From partnering with businesses to assess liability to training employees and fighting to protect confidential and trade secret information, it is important to Beth that her clients receive sound legal advice and a game plan for the future.

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