A notice came out from the USCIS (see below) giving all employers guidance on what to do during COVID-19 should a new hire present you with an expired List B document for I-9 form purposes. There are very specific guidelines to follow governing this temporary waiver and steps to take both at time of hire and in the future when COVID-19 has passed, and businesses are open again. Please see below so you (or your company professional responsible for creating
(I-9 forms) are aware of and understand the guidelines.
-Last week the M-274 Employer’s Guide/Manual -Guidance for Completing Form I-9 was UPDATED. Please ensure you (or your HR professional) is now using this most current version of the M-274 manual. In fact, they should destroy all previous versions of the manual to ensure they are not following outdated guidance. The link below will take you to the most current M-274 Employer Manual
FORM I-9 ANNOUNCEMENT
COVID-19 Temporary Policy for List B Identity Documents
Because many areas are under stay-at-home orders due to COVID-19 and some online renewal services have restrictions, employees may experience challenges renewing a state driver’s license, a state ID card, or other Form I-9, Employment Eligibility Verification, List B identity document. Considering these circumstances, DHS is issuing a temporary policy regarding expired List B identity documents used to complete Form I-9, Employment Eligibility Verification.
Beginning on May 1, identity 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 an acceptable document for Form I-9 purposes.
Employers may also attach a copy of a webpage or other notice indicating that the issuing authority has extended the documents. Employers can confirm that their state has auto-extended the expiration date of state IDs and driver’s licenses by checking the state Motor Vehicle Administration or Department of Motor Vehicles’ website.
Note: For extended documents, the employee is not required to later present a valid unexpired List B document.
Source: E-Verify/Blakeman & Associates