In light of the constantly changing circumstances such as stay-at-home orders due to COVID-19, the Department of Homeland Security (DHS) has issued a temporary policy regarding documents required to complete Form I-9, Employment Eligibility Verification.
List B of Form I-9 requires employees to present certain identity documents. However, due to COVID-19, employees may have trouble renewing such documents as a state driver’s license or a state ID card. As such, the DHS policy states that, “[b]eginning on May 1, 2020, identity documents found in List B set to expire on or after March 1, 2020, and not otherwise extended by the issuing authority, ma be treated the same as if the employee presented a valid receipt for an acceptable document for Form I-9 purposes.”
Acceptable List B Documents
Driver’s license
State ID card
ID card issued by federal, state or local government agencies or entities, provided it contains a photograph or information such as name, date of birth, gender, height, eye color and address
School ID card with a photograph
Voter registration card
U.S.military card or draft record
Military dependent’s ID card
Native American tribal document
Driver’s license issued by a Canadian government authority
Acceptable List B Documents for individuals under the age of 18 who are unable to present a document listed above:
School record or report card
Clinic, doctor or hospital record
Day care or nursery school record
Process
For E-Verify participating employers: Use the employee’s expired List B document number from Section 2 of the Form I-9 to create an E-Verify case as usual within three days of the date of hire.
When your employee provides an acceptable 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, as applicable; and,
Enter the word “COVID-19” in the Additional Information Field.
When the employee later presents an unexpired document, you should:
In the Section 2 Additional Information field:
Record the number and other required document information from the actual document presented;
Initial and date the change.
Procedure for List B Documents extended by an Issuing Authority
If the employee’s List B identity document expired on or after March 1, 2020, and the issuing authority has extended the document expiration date due to COVID-19, the document is acceptable as a List B document for Form I-9 (not as a receipt) during the extension timeframe specified by the issuing authority.
When your employee provides an acceptable expired List B document that has been extended by the issuing authority you should:
Enter the document’s expiration date in Section 2; and,
Enter “COVID-19 EXT” in the Additional Information Field.
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.
Go to the USCIS website for additional information, including changes to I-9 rule affecting agricultural employers.. https://www.uscis.gov/i-9-central/whats-new