Recent Updates on Temporary Covid I-9 Procedures

By Andrew M. Wilson

April 13, 2022 | Immigration Blog

There are two important updates regarding temporary Covid I-9 procedures: 
1. Expired List B Identity Documents No Longer Acceptable

As of May 1, 2022, employers can no longer accept expired List B identity documents for the I-9 process.  This was allowed as of May 2020 due to issues with applicable government agencies being able to issue documents.
Additional Date: July 31, 2022  Employers are required to update the I-9s of any employee who provided an expired List B document between May 1, 2020 and April 30, 2022.  This needs to be completed by July 31, 2022.     


2. Virtual Review of I-9 Documents 

We will have to see what happens with the rules regarding virtual review of I-9 docs.  That remains in effect until at least April 30th, and we will see if it is extended.

There is supposed to be a new rule coming out in June 2020 that will make remote verification options more permanent.   

The understanding right now is that DHS will provide some advance notice when and how previously virtual I-9 processes will need to be confirmed in-person.  Employers can start to gather a list of the those names whose I-9s may need to be verified in-person.
There should be a new rule providing for virtual verification of I-9s going forward, but we do not know if that will address the virtual I-9s during Covid.  Those may still need to be verified in-person if a new rule is finalized.
We should see an update shortly on:

  1. Virtual I-9 verification after Aril 30, 2022
  2. What to do re: virtual I-9s verified during Covid
  3. New rule allowing for virtual I-9 verification going forward

You can always track announcements at:

Please check back frequently on this blog for updates, or reach out to any member of the Lippes Mathias Immigration Team, for specific inquiries.

Disclaimer: The information in this post is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from our firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.

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