Employers Can Temporarily Accept Expired “List B” State Identification Documents for I-9s

The U.S. Citizenship and Immigration Services (USCIS) recently published a Q&A which lists temporary policy changes  relating to the Form I-9 in light of COVID-19. Among other things, the Q&A states that employers can temporarily accept expired state identification documents as a “List B” document when completing the I-9 given that many state driver’s license processing facilities are currently closed. According to USCIS, “if an employee’s state ID or driver’s license expired on or after March 1, 2020, and the state has extended the document expiration date due to COVID-19, then it is acceptable as a List B document.”  The agency recommends that employers notate “COVID-19 EXT” in the line normally required to list the identity document’s expiration date. 

© 2021 by Center for Workplace Compliance. This resource is intended for the exclusive use of CWC’s members. Any sharing, copying, exchanging, repurposing, reproduction, or assignment of CWC’s resources or other copyrighted materials to any party outside of a CWC member organization in good standing without the express written consent of CWC is strictly prohibited. If you have questions about your membership status or becoming a CWC member, please contact us at info@cwc.org or 202-629-5655.