Considering the circumstances of COVID-19, Department of Homeland Security is issuing a temporary policy regarding expired List B identity documents used to complete the employee’s I-9.
Beginning May 1, documents found in List B set to expire on or after March 1, 2020 and not otherwise extended by the issuing authority, may be treated the same as if the employee presented a valid receipt - for I-9 purposes only.
If your employee provides an acceptable but expired List B document that has not been extended by the issuing authority, you should:
Record the document information in Section 2 under List B
Enter the word “COVID-19” in the “Additional Information” field
Within 90 days after DHS terminates this temporary policy, the employee must present a valid, unexpired document to replace the expired document they initially presented. When the employee later presents an unexpired document, you should do the following in Section 2 (Additional Information field):
Record the number and other required document information from the actual document presented
Initial and date the change
If the employee provides an acceptable expired List B document that has been extended, you should:
Enter the document’s expiration date in Section 2
Enter “COVID-19 EXT” in the additional information field
Employers may also attach a copy of the notice indicating that the issuing authority has extended the documents.