Employees who presented an expired List B Identity document between May 1, 2020, and April 30, 2022, must present an unexpired document that establishes identity by July 31, 2022, to update their Form I-9, Employment Eligibility Verification.

On May 1, 2022, the Department of Homeland Security (DHS) ended the temporary policy that allowed employees to present an expired List B Identity Document used to complete Form I-9. DHS adopted this temporary policy to address employees’ COVID-related challenges in renewing a driver’s license, state ID card, or other Form I-9, List B Identity document.

Employers must be sure that employees who presented an expired List B Identity document between May 1, 2020, and April 30, 2022, provide an unexpired document that establishes their identity. DHS recommends that employees present the replacement of the actual document that was expired. Otherwise, the employee may present a different List A document (which establishes both identity and employment authorization) or a different List B document (which establishes identity only). See a listing of acceptable documents for Form I-9 here.

Form I-9 Updates are NOT required if the employee is no longer employed as of May 1, 2022, OR if the employee presented a List B Identity document that was auto-extended by the issuing authority on the date the List B Identity document was presented by the employee.

Required Form I-9 Updates

If the Employee is Still Employed and List B Identity Document Expired on or After March 1, 2020

Employee must provide unexpired document that establishes identity:


  • Renewed List B Document or Different List B Document



  • List A Document 


Employer must complete Additional Information Field of Section 2 of Form I-9:

  • Enter document title, issuing authority, number and expiration date.


  • Initial and date the change


Employers should be sure to complete any required Form I-9 updates right away. If an employer becomes the subject of an I-9 audit, and the Form I-9 is not completed properly, fines can add up very quickly, ranging from $573 to $20,130 per violation.

Additional information regarding temporary policies related to the I-9 Form and updating the I-9 Form can be found at the following websites:

Please contact the authors to further discuss how this impending change affects you.

This information is based on the facts and guidance available at the time of publication and may change.



Julianne Cassin Sharp

Elizabeth Baker

Christopher Dutot


This message is for general information only and should not be used as a basis for specific action without obtaining further legal advice.

This email was sent by: Miller, Canfield, Paddock and Stone, P.L.C.
150 West Jefferson, Suite 2500, Detroit, Michigan, 48226, USA

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