Important Updates to Form I-9 Document Verification Procedures

Posted: April 25, 2022

As COVID-19 winds down and companies resume more normal hiring processes, there are impending changes to Form I-9 Document Verification Procedures. The U.S. Department of Homeland Security (DHS) has announced that beginning May 1, 2022, expired List B identity documents, including expired driver’s licenses and state ID cards, will no longer be allowed for I-9 verification purposes. The former flexible policy, which allowed employees to present expired List B documents, was only temporary due to the COVID-19 pandemic.

In addition to the new policy, all employees who presented expired List B identity documents between May 1, 2020, and April 30, 20202 are required to update their List B documents with their employers by July 31, 2022. This directive only applies to employees who are still employed by the company. If an employee is no longer employed by the company, there is no action necessary.

The new directive does not address a separate COVID-19 policy allowing employers to verify Form I-9 documents virtually, which is still in effect until at least April 30, 2022. This rule, which has been extended 12 times since 2020, allows employers to examine I-9 documents remotely via e-mail, fax, secure upload, etc. It may also be in jeopardy as employers resume normal operations although many industry representatives, including SHRM, are urging the IEC to institute a permanent rule to allow employers to virtually complete the Form I-9. According to an article from SHRM, “Removing the in-person requirement is critical to ensure the health, safety and welfare of HR professionals mainly tasked with completion of the Form I-9. The SHRM representative also urged that the “ability for high-volume employers and companies with growing remote workforces to be relieved from the burdens associated with in-person inspection.”

We will continue to monitor developments around this issue and keep you updated. Regardless of the outcome, it is a great idea to get ahead of these new policy changes and consider implementing stricter I-9 verification procedures to reduce stress later. For questions on this issue or if you have general onboarding questions, please contact Info Cubic’s Client Service Ninjas at (877) 360-4636.

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