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.
Stuart J. Oberman is the founder and President of Oberman Law Firm. Mr. Oberman graduated from Urbana University and received his law degree from John Marshall Law School. Mr. Oberman has been practicing law for over 30 years, and before going into private practice, Mr. Oberman was in-house counsel for a Fortune 500 Company.
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