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ARTICLE · 24 MARCH 2022

Partial End To COVID-19 I-9 Flexibility Provisions – Accepting Expired List B Documents

Early in the COVID-19 pandemic, the Department of Homeland Security temporarily allowed employers to accept certain types of expired identification for Form I-9.

United StatesImmigration

Executive Summary

Early in the COVID-19 pandemic, the Department of Homeland Security temporarily allowed employers to accept certain types of expired identification for Form I-9. Our Immigration Team discusses what the end of that policy means for employers.

  • That flexibility ends May 1, 2022
  • Employers must take three actions by July 31, 2022
  • Relaxing the in-person verification requirement has been extended to April 30, 2022

In May 2020, the Department of Homeland Security (DHS) announced some flexibility in requirements for employment eligibility verification (Form I-9) compliance during the COVID-19 pandemic. At the time, many locations were under stay-at-home orders and agencies responsible for issuance and renewal of state drivers' licenses, ID cards, and documents that could be used as List B identity documents for Form I-9 compliance were either closed to the public or experiencing restrictions in operations. DHS  temporarily allowed employers to

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