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.
List B identity documents include driver’s licenses and state ID cards.
“Allowing employees to present these expired documents was a temporary policy instituted by the Department of Homeland Security in May 2020 to deal with the fact that various issuing authorities were not able to timely renew documents due to the COVID-19 pandemic,” said Amy Peck, an attorney in the Omaha, Neb., office of Jackson Lewis. “Now that issuing authorities are returning to more normal operations, this temporary policy is coming to an end.”
