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Employers Will No Longer Accept Expired "List B" Documents for I-9 Verification after May 1

by Jennifer Grady, Esq.

On May 1, 2022, the Department of Homeland Security will terminate the COVID-19 Temporary Policy that allowed employers to accept expired "List B" documents to serve as proof of identity from the beginning of the pandemic in 2020 to April 30, 2022. The temporary policy was put in place at the height of the pandemic to circumvent issues of renewing documents when authorities were closed and navigating alternatives for in person renewals. This means that as of May 1, 2022, employers can no longer accept expired List B documents for Form I-9 Employment Eligibility Verification purposes, and any expired List B documents that were previously accepted must be updated by July 31, 2022.


On March 26, 2020, DHS announced the extension of the REAL ID enforcement deadline beyond the current Oct. 1, 2020, deadline until Oct. 1, 2021. DHS has subsequently provided another 19-month delay and the new deadline for REAL ID enforcement is May 3, 2023.


Following the end of the expiration of the temporary policy, employers who accepted any expired List B documents for I-9 verification during that time period will have to update their personnel records with renewed or unexpired documents provided by the employee. Please be sure to initial and date the changes as noted in the chart and example below.

If the individual is no longer employed, or the List B document they provided was auto-extended, thereby deeming it unexpired, no additional action is required by the employer.

Review the chart below to determine if you need to take action:

If you need more information on how these updates may apply to your business, we encourage you to contact our office at info@gradyfirm.com, or call us at (949) 798-6298.

To learn more about ensuring your business is compliant with state and local laws, schedule a complimentary 15-minute consultation with The Grady Firm’s attorneys; call +1 (949) 798-6298; or fill out a Contact Request Form.

As outside counsel for growing and international companies with a presence in California, The Grady Firm attorneys provide the following services;

  • Assistance with interpreting emergency COVID-19 legislation as it affects your business;

  • Counsel employers on staff changes and draft Notices of Reduced Hours, Furloughs, or Layoffs;

  • Draft Severance Agreements;

  • Act as I-9 agent and I-9 audit preparation or defense;

  • Employee v. independent contractor classification analysis;

  • Assistance with converting independent contractors to employees;

  • On-site, classroom-style Sexual Harassment training for employees and supervisors;

  • “Experiential” supervisor training in which managerial employees practice processing a harassment complaint and commencing an investigation in pairs with other trainees.

  • Draft and review Employee Handbooks, arbitration agreements, and Anti-Harassment policies;

  • Employee personnel file audits;

  • Litigation/labor claim defense.

The firm’s attorneys are licensed to practice employment law in California.

This article is for informational purposes only, and does not constitute legal advice or create an attorney-client relationship. This article does not make any guarantees as to the outcome of a particular matter, as each matter has its own set of circumstances and must be evaluated individually by a licensed attorney.


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