SHARE

April 19, 2022

Updated Federal Forms Part 2: I-9 Identification Documents Must Be Unexpired

You've Reached Your
Free Article Limit This Month
Subscribe now to get unlimited access to all Law.com OnPractice content. Your subscription is free.
Subscribe Now

The Federal Government has updated some of its standard forms employers are probably used to seeing. Last week, we discussed the EEOC's addition of a gender marker option to its voluntary self-identification process and passport applications. This week, we will discuss the changes to Form I-9.

Federal law requires that every employer who recruits, refers for a fee, or hires an individual for employment in the U.S. complete Form I-9, Employment Eligibility Verification.

For the past two years, in response to the difficulties many individuals experienced with renewing documents during the COVID-19 pandemic, the Department of Homeland Security ("DHS") provided temporary document flexibilities in the I-9 identification process. However, starting on May 1, 2022, employers may no longer accept expired List B identity documents when completing the Form I-9 process (for example, state driver's licenses, identification cards issued by federal, state, or local agencies, or school identification cards). After May 1, 2022, employers must require unexpired List B documentation for new employees hired. Moreover, employers must review their Form I-9's, and if an employee presented an expired List B document between May 1, 2020, and April 30, 2022, employers are required to update their Forms I-9 by July 31, 2022, per the following guidance:

  • If the employee who provided the expired document is no longer employed, no action is required.
  • If the List B document was auto extended by the issuing authority (so it was unexpired when presented), no action is required.
  • If the employee's Form I-9 was completed between May 1, 2020, and April 30, 2022, with an expired List B document and that document expired on or after March 1, 2020, and that employee is still employed, have the employee provide an unexpired document that establishes identity. Employees may present the renewed List B document, a different List B document, or a document from List A. Enter new document information in the "Additional Information" field of Section 2, and initial and date the change as the employer. See example.

On a related note, the DHS published a notice on March 30, 2022, to invite public comments on its proposed revisions to Form I-9. A 60-day comment period will be open until May 31, 2022. To review the proposed revisions to the form and instructions and submit a comment, go to Federal Register notice 87 FR 18377.

ALM expressly disclaims any express or implied warranty regarding the OnPractice Content, including any implied warranty that the OnPractice Content is accurate, has been corrected or is otherwise free from errors.

More From Dickinson Wright PLLC

401(k) Plan Sponsors - It Doesn't Pay To Ignore Your Plan's Definition Of Compensation

By Jordan Schreier Dickinson Wright PLLC June 06 , 2022

One of the most common errors in 401(k) plan administration continues to be a mismatch between a plan’s definition of compensation and the actual compensation taken into account for plan purposes despite this problem being common enough for the IRS to include it in its “401(k) Plan Fix-It Guide”.

All My Exes Live In Texas: Texas' New Laws In The Wake Of #METOO And A Growing Economy

By Adrian Acosta Dickinson Wright PLLC May 23 , 2022

With Texas growing and business booming, the Lone Star State has changed its laws that affect employers in response to the #MeToo movement.

UPDATE: FEC Candidate Loan Repayment Limitation Ruled Unconstitutional in Supreme Court Decision

By Katherine N. Reynolds Dickinson Wright PLLC May 18 , 2022

On May 16, 2022, the United States Supreme Court ruled that limiting the repayment of candidate loans to their own campaign to $250,000 (codified under 52 U.S.C. § 30116(j)) is unconstitutional. The Plaintiffs, Ted Cruz for Senate and Senator Ted Cruz, filed suit against the Federal Election Commission (“FEC”), stating that the repayment limitation unconstitutionally infringes the First Amendment rights of the Senator, the Campaign, and any individuals who might seek to make post-election contributions.

More From Employment Law

Pennsylvania's New Requirements for Tipped and Salaried Employees: Common Questions

By Stephanie J. Peet Jackson Lewis P.C. August 01 , 2022

Some of the most-common questions that employers have asked about these new rules are discussed in this special report. (For an overview, see our article, Pennsylvania Regulatory Commission Approves Expansive Tipped Employee Regulations.)

Workplace Safety Review: Episode 28 | Interview with Nadine Mancini

By Michael T. Taylor Greenberg Traurig August 01 , 2022

In this episode, Mike Taylor and Adam Roseman talk to Nadine Mancini, General Counsel for the federal Occupational Safety and Health Review Commission in Washington, D.C.

3rd Circuit Issues Practical Death Knell to Nationwide FLSA Collective Actions Involving Employers Not Subject to General Jurisdiction in Circuit

By James N. Boudreau Greenberg Traurig July 29 , 2022

On July 26, 2022, in a win for employers, the Third Circuit Court of Appeals issued a precedential opinion in Christa Fischer, et al. v. Federal Express Corp., et al, No. 21-1683, affirming a decision from the Eastern District of Pennsylvania that refused to allow two opt-in plaintiffs to join a putative collective action under the Fair Labor Standards Act (FLSA) because the proposed plaintiffs’ claims for unpaid overtime had no connection to Pennsylvania.

Featured Stories
Closeclose
Search
Menu

Working...