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Key Points

  • DHS to end temporary measures permitting the use of expired List B documents on May 1, 2022
  • The temporary measures were implemented during the COVID-19 pandemic
  • The measures will be lifted because document-issuing authorities have resumed normal operations
  • Employers who used expired List B documents during the pandemic must update Section 2 with documents that have not expired
  • The requirement only applies to expired documentation and currently employed workers

Overview

On May 1, 2022, the Department of Homeland Security (DHS) will end a temporary policy permitting employers to accept expired List B documents for proof of identity.

What are the Changes?

The DHS introduced the policy during the COVID-19 pandemic because individuals faced challenges and delays in renewing their documents. However, employees can now renew their documentation as authorities have reopened for routine in-person services or they are providing alternatives for in-person document renewals. DHS is therefore ending its temporary measures. Employers may only use List B documents that are not expired.

DHS is also introducing new requirements for employers who used expired List B documents during the pandemic. Employers who verified employees’ identity with List B documents that expired on or after March 1, 2020, must update their documents with a new List B document. An acceptable List B document may include either a renewed document, another List B document, or a List A document.

Regardless of the document used, the employer must make updates in Section 2 of the employee’s documentation. The “Additional Information” section must be updated with the document’s title, the issuing authority, the document’s number, and the expiration date. The employer’s initials are also required in the “Additional Information” section.

Looking Ahead

The new requirement only applies to employees still employed by the same employer who used expired List B documents for verification during the pandemic. No action is required by an employer for individuals who are no longer employed by the company.

Written by: Lucy Halse, Content Marketing Associate, Envoy Global
Edited by: Dmitri Pikman, Supervising Attorney, Corporate Immigration Partners
Source: US Citizenship and Immigration Services

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