March 21, 2023

Volume XIII, Number 80


March 20, 2023

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Immigration and Compliance Briefing: Form I-9 Employment Eligibility Verification Policy Changes and Updates

Temporary Acceptability of Expired List B Identity Documents for Form I-9

The Department of Homeland Security (“DHS”) has issued a temporary policy change as of May 1, 2020 regarding Form I-9 Employment Eligibility Verification, List B identity documents.  Given that it may not be possible to renew state driver’s licenses, ID cards, and other acceptable List B identity documents during COVID-19 closures and restrictions, for any such documents that expire on or after March 1, 2020, the following policies apply:

  • If the expired document is not automatically extended by the issuing authority, the employer may accept that document and treat it the same as a valid receipt for an acceptable document for Form I-9 purposes.  The employee must present a valid, unexpired document from List A or List B within 90 days after the termination of this temporary policy.

  • If the expired document is automatically extended by the issuing authority, the employer may accept that document and treat it the same as an acceptable, unexpired document for Form I-9 purposes.

  • E-Verify employers should create an E-Verify case within three days of the date of hire, using the employee’s expired List B document number.

Form I-9 Employment Eligibility Verification Updates

Employers should take note of several recent Form I-9 updates below and be sure to review applicable internal practices for hiring and re-verifying employees:

Please also refer to Form I-9 instructions and updates available at:

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About this Author

Najia Khalid Business Immigration lawyer Wiggin Dana

Najia is a business immigration lawyer who has dedicated her career to helping U.S. and international employers hire individuals with specialized skills her clients need to grow and thrive.

An immigrant herself, Najia is Co-chair of Wiggin and Dana’s Immigration and Nationality Law and Compliance Practice Group and was the firm’s first attorney focusing entirely on immigration law. Employers often consult Najia to clarify complex business immigration requirements in a dynamic enforcement environment.

Najia represents a wide range of organizations in their business immigration...

Ashley Moore Immigration Attorney Wiggin and Dana

Ashley Moore is a Business Immigration Associate in Wiggin and Dana’s Labor, Employment and Benefits Department in the New Haven office.

Prior to joining Wiggin and Dana, Ashley worked for a boutique immigration firm in St. Louis, MO, as an associate immigration attorney.  She has experience with advising and counseling clients on immigration benefits and consequences and has worked on a wide range of immigration cases, including family-based immigrant visas, removal of conditions, naturalization, asylum, removal defense, employment-based visas...