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The DHS States That Employers Have Until July 31, 2022, to Update I-9s With Expired List B Documents

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H-1B Holder

Employes that accepted expired Form I-9 employment eligibility verification documents under the U.S. Department of Homeland Security’s (DHS) policy of flexibility during the height of the COVID-19 pandemic should update their Forms I-9 by 31st July 2022, the department confirmed.

On 6th July 2022, DHS told employers “to update their Forms I-9 by 31st July 2022”. For all employees who finished their I-9 verifications with expired documents between 1st May 2020, and 30th April 2022.

DHS founded the temporary policy of allowing terminated documents in 2020. Even with troubles for employees in getting up-to-date identity documents. Because of stay-at-home orders and government office closures during the COVID-19 pandemic. Now that document-issuing authorities have reopened. DHS has finished this flexibility as of May 1, 2022, and employers are only allowed to accept unexpired List B documents. Which include driver’s licenses, state identification cards, and school photo identification cards.

As per the direction given by DHS, this update has a few consequences for an employee. Who finished the I-9 check between May 1, 2020, and April 30, 2022, with documents that expired on or after March 1, 2020.

The DHS States That Employers Have Until July 31, 2022, to Update I-9s

The expiration of the flexibility policy means implies that DHS requires employers to do the following if the employee is still employed:

Have the employee give unexpired documents that establish identity, either through a renewed List B document. Or an alternate List B document, or a List A document. Fill in the “Extra Information” field in Section 2 of the I-9 form with the employee’s new unexpired document: (1) Title; (2) Issuing Authority; (3) Number; and (4) Expiration Date.
Starting and date the change.

For employees who are no longer employed or who introduced an unexpired or auto-extended List B document “no activity is expected,” as per the DHS guidance.

[USCIS Continues Phasing in Premium Processing for Certain I-140 Petitions]

The policy update comes after the DHS’s Immigration and Customs Enforcement (ICE) agency, on 25th April 2022. They have extended a policy to relieve employers of the necessity of reviewing Form I-9 identity documents. In the physical presence of employees until 31st October 2022. ICE updated the policy in March 2021 to allow employers to continue the virtual document review. For employees recruited after April 1, 2021, who work exclusively in a remote setting because of COVID-19-related precautions. Until the end of the flexibility policy or until the employees return to non-remote work settings regularly.

Ogletree Deakins’ Immigration Practice Group will continue to monitor developments. With respect to these and other policy changes and will post updates on the firm’s Immigration blog as extra data become available. The firm’s webinar and podcast programs also offer important information for employers.

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