Updated Federal Forms Part 2: I-9 Identification Documents Must Be Unexpired

The Federal Government has updated some of its standard forms employers are probably used to seeing. Last week, we discussed the EEOC's addition of a gender marker option to its voluntary self-identification process and passport applications. This week, we will discuss the changes to Form I-9.

Federal law requires that every employer who recruits, refers for a fee, or hires an individual for employment in the U.S. complete Form I-9, Employment Eligibility Verification.

For the past two years, in response to the difficulties many individuals experienced with renewing documents during the COVID-19 pandemic, the Department of Homeland Security ("DHS") provided temporary document flexibilities in the I-9 identification process. However, starting on May 1, 2022, employers may no longer accept expired List B identity documents when completing the Form I-9 process (for example, state driver's licenses, identification cards issued by federal, state, or local agencies,