The End Is Near: COVID-19 List B Document Temporary Policy Ends

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Seyfarth Shaw LLP
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With more than 900 lawyers across 18 offices, Seyfarth Shaw LLP provides advisory, litigation, and transactional legal services to clients worldwide. Our high-caliber legal representation and advanced delivery capabilities allow us to take on our clients’ unique challenges and opportunities-no matter the scale or complexity. Whether navigating complex litigation, negotiating transformational deals, or advising on cross-border projects, our attorneys achieve exceptional legal outcomes. Our drive for excellence leads us to seek out better ways to work with our clients and each other. We have been first-to-market on many legal service delivery innovations-and we continue to break new ground with our clients every day. This long history of excellence and innovation has created a culture with a sense of purpose and belonging for all. In turn, our culture drives our commitment to the growth of our clients, the diversity of our people, and the resilience of our workforce.
On July 22, 2022, U.S. Citizenship and Immigration Services (USCIS) issued a reminder regarding the Department of Homeland Security's (DHS) termination of the...
United States Immigration
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On July 22, 2022, U.S. Citizenship and Immigration Services (USCIS) issued a reminder regarding the Department of Homeland Security's (DHS) termination of the COVID-19 temporary policy allowing employers to accept expired List B documents for the Form I-9. As of May 1, 2022, employers must only accept unexpired List B documents.

As discussed in previous blogs, DHS adopted a temporary policy at the onset of COVID-19 in 2020 to allow expired List B documents to be accepted for Form I-9 purposes in response to the many difficulties individuals experienced with renewing identity documents. Since May 1, 2022, DHS has returned to their original policy which only allows for unexpired List B documents to be used for the Form I-9.

USCIS reminds employers that they are required to update Forms I-9 for any employees who presented an expired List B document between May 1, 2020 and April 30, 2022 that were not formally extended by their issuing authority, by July 31, 2022 – that's this weekend! To update, employees must be asked to provide either an unexpired List B document, or unexpired List A document. Please note, if the employee originally presented a List B document that was formally extended by the document's issuing authority, no further action is required.

The USCIS announcement also offers an informational chart outlining the specifics of updating these Forms I-9 – see below.

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Credit – USCIS: https://www.uscis.gov/i-9-central/covid-19-form-i-9-related-news/reminder-dhs-to-end-covid-19-temporary-policy-for-expired-list-b-identity-documents

While USCIS does not include this in the reminder announcement, prior USCIS guidance for updating Section 2 differs depending on who reviewed the original List B document and who is now reviewing the new List B (or List A) document. If the individual reviewing the new document is the same, simply record the document information in the Additional Information box and initial and date. See Form I-9 Mark Up provided by USCIS. However, if the individual reviewing the new document is different from the original reviewer, then employers have two (2) options:

  1. Record the document information in the Additional Information box and sign their full name and title, instead of initials – and don't forget to date!
  2. Complete a new Section 2 and attach to the original Form I-9.

For assistance with updating Forms I-9, preparing for a post-COVID I-9 compliance world, or for general questions regarding I-9 compliance, worksite enforcement audits, E-Verify compliance, Department of Labor immigration related wage and hour investigations, general H-1B compliance, and Department of Justice's Immigrant and Employee Rights section (IER) anti-discrimination matters, please contact the Seyfarth Immigration Enforcement and Compliance group, or the author, Dawn Lurie, directly at dlurie@seyfarth.com.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

The End Is Near: COVID-19 List B Document Temporary Policy Ends

United States Immigration
Contributor
With more than 900 lawyers across 18 offices, Seyfarth Shaw LLP provides advisory, litigation, and transactional legal services to clients worldwide. Our high-caliber legal representation and advanced delivery capabilities allow us to take on our clients’ unique challenges and opportunities-no matter the scale or complexity. Whether navigating complex litigation, negotiating transformational deals, or advising on cross-border projects, our attorneys achieve exceptional legal outcomes. Our drive for excellence leads us to seek out better ways to work with our clients and each other. We have been first-to-market on many legal service delivery innovations-and we continue to break new ground with our clients every day. This long history of excellence and innovation has created a culture with a sense of purpose and belonging for all. In turn, our culture drives our commitment to the growth of our clients, the diversity of our people, and the resilience of our workforce.
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