Form I-9 Changes and an Extended Public Comment Period

DHS Temporary Policy for Expired List B Documents To End

The Department of Homeland Security (DHS) has recently announced the ending to its temporary COVID-19 pandemic policy allowing the use of expired Form I-9 List B documents to verify employment eligibility.

Since May 1, 2020, DHS has allowed the use of expired documents (e.g., drivers’ licenses and state identification cards) to serve as proof of identity. The variance was allowed as a response to COVID-19-related difficulties associated with issuing authority closures or the inability to timely renew documents. With an easing of these pandemic-related difficulties, starting May 1, 2022 employers may no longer accept unexpired List B documents.

Another important deadline will be July 31, 2022, which will serve as the date employers must update any I-9 form containing expired documents presented between May 1, 2020 and April 30, 2022. To assist in compliance efforts, DHS has prepared an updated requirements table.

DHS Invites Public Comment on Proposed Form I-9 Extensions and Revisions 

On March 30, 2022 the DHS published Notice 87 inviting public comment on proposed revisions to current Form I-9 Employment Eligibility Verification forms and procedures. DHS is proposing Form I-9 be extended and revised as follows:

• Compress Sections 1 and 2 from two pages to one page to reduce paper use and storage burden on employers.
• Change Section 3 to a Reverification and Rehire Supplement that provides three separate areas to enter reverifications and rehires within 3 years of the date of the initial execution of an employee's Form I-9. Employers would only print and use the supplement as needed, further reducing paper use and storage burdens on employers.
• Update the List of Acceptable Documents to include a link to List C documents issued by DHS and the acceptable receipts listed in 8CFR 274a.2(b)(1)(vi)(A-C).
• Reduce and simplify the instructions from 15 pages to 7 pages, further reducing paper usage.
• Remove electronic PDF enhancements to ensure that it can be completed on all electronic devices and is not software dependent.

The comment period has been extended to May 31, 2022. To review the proposed revisions and submit comments: Federal Register notice 87 FR 18377.