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.     

See https://www.uscis.gov/i-9-central/covid-19-form-i-9-related-news/reminder-dhs-to-end-covid-19-temporary-policy-for-expired-list-b-identity-documents#:~:text=DHS%20is%20ending%20the%20COVID,during%20the%20COVID%2D19%20pandemic.

https://www.uscis.gov/i-9-central/covid-19-form-i-9-related-news/temporary-policies-related-to-covid-19

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.
 
See: https://www.uscis.gov/i-9-central/covid-19-form-i-9-related-news/dhs-extends-form-i-9-requirement-flexibility-effective-january-1-2022

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

See: https://www.federalregister.gov/documents/2021/10/26/2021-23260/remote-document-examination-for-form-i-9-employment-eligibility-verification-request-for-public
 
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:

You can always track announcements at:
 https://www.ice.gov/newsroom?field_news_release_topics_tag_target_id=172&field_field_location_administrative_area=All&field_published_date_value%5Bmin%5D=&field_published_date_value%5Bmax%5D=&combine=&field_field_location_country_code=All

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