Oberman Law Firm

Form I-9 Alert: Policy Allowing Expired Documents Scheduled to End

Beginning May 1, employers will no longer be able to accept expired identity documents when verifying an employee’s work eligibility on Form I-9.

The U.S. Department of Homeland Security (DHS) is ending its temporary COVID-19-related policy of allowing employers to use expired List B identity documents for I-9 purposes.

According to DHS:

  • If the employee who presented an expired List B document is still employed, he or she must provide an unexpired document that establishes identity. “This could be a renewed version of the expired List B document that was previously presented, a different unexpired List B document, or an unexpired List A document [such as a U.S. passport or permanent resident card] that establishes both identify and work authorization,” Peck said.
  • If the employee is no longer employed by the company, no action is necessary. In addition, no action is required if a List B document was auto extended by the issuing authority.


Stuart J. Oberman, Esq.
President & CEO