He added that employers using E-Verify should 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 the employee later presents an unexpired document, you should record the number and other required document information in the Section 2 additional information field and initial and date the change," Lopez said. The agency noted that it is best if the employee can present a replacement of the actual document that was expired but he or she may choose to present a different List A or List B document or documents. Enter the word "COVID-19" in the additional information field.Īfter the termination of the temporary policy, workers will be required to present a valid, unexpired document to replace the expired document.Record the document information in Section 2 under List B.USCIS instructed that when an employee provides an acceptable, expired List B document that has not been extended, HR should: Employers may accept these auto‑extended documents as currently valid for I-9 identity verification."
"Some expired documents, including driver's licenses in many states, have been automatically extended by the issuing agency under COVID-19 rules. "This exception applies only if the document expired on or after March 1 and the issuing agency has not auto-extended the document," said Suzan Kern, an immigration lawyer in the Washington, D.C., office of Hunton Andrews Kurth. The temporary policy, effective immediately, allows List B identity documents that expired on or after March 1, 2020, to be valid, acceptable documents for Form I-9 purposes. "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 List B identity document," the agency said. "List B documents are identity documents for I-9 purposes-for example, a common List B document is a driver's license," said Jorge Lopez, an attorney in the Miami office and chair of the Global Mobility and Immigration Practice Group at Littler. Citizenship and Immigration Services (USCIS) announced May 1 that employers may accept expired List B identity verification documents from new hires when completing I-9 forms.
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