​Summary

On March 19, 2022, the Department of Homeland Security (DHS) announced the end of the COVID-19 Temporary Policy for accepting expired List B Identity Documents. Starting on May 1, 2022, employers must only accept unexpired List B documents. 

DHS adopted the temporary policy in response to the difficulties many individuals experienced with renewing documents during the COVID-19 pandemic. Now that document-issuing authorities have reopened and/or provided alternatives to in-person renewals, DHS will end this flexibility. Starting May 1, 2022 employers must only accept unexpired List B documents. 

If an employee presented an expired List B document between May 1, 2020, and April 30, 2022, employers are required to update their Forms I-9 by July 31, 2022. See table below for update requirements. 

If the employee’s Form I-9 was completed between May 1, 2020 and April 30, 2022 with an expired List B document and that document expired on or after March 1, 2020, and the employee:		Then:
Scenario 1	Is still employed.    In Tracker I-9, records appear as shown below with the List B “COVID-19 Receipt” checkbox checked	Action Required  Contact employee and ask them to provide an unexpired document that establishes identity.   Employees may present  The renewed List B document,  A different List B document, or  A document from List A  Follow the Updating Document Information in Section 2 instructions described below.
Scenario 2	Is no longer employed.    In Tracker I-9, records with a Termination Date have a Next Action of Purge.	No Action Required
Scenario 3	The List B document was auto extended by the issuing authority, so it was unexpired when presented.     In Tracker I-9, records appear as shown below with the List B “Auto-Extended Document” checkbox checked	No Action Required because the document was unexpired

UPDATED COVID-19 Receipt Reverification Next Action Logic 

I-9s in the Tracker I-9 that meet the criteria for Scenario 1 above currently have the Next Action of Receipt Reverification Due with a Next Action Due Date of “Date TBD”. 

On May 1, the Tracker I-9 system’s COVID-19 Receipt Reverification Due Date logic will be updated for all affected I-9s (Scenario 1) to have a Next Action Due Date of July 31, 2022 in accordance with the updated DHS requirement. All Next Action Chevrons, Reports, and Email Alerts will be updated to track the new due date.  

Records that meet the criteria for Scenarios 2 and 3 will not be impacted by these changes.  

Important Note about Email Alerts: Upon updating the Next Action Due Date, the Tracker I-9 system may send a high volume of email alerts if your Tracker account is configured to send email alerts to the employee and/or I-9 Manager for I-9 Records with the Next Action of Receipt Reverification Due. 

Updating Document Information in Section 2  

For Scenario 1, employers must contact the employee, arrange for them to provide a new Section 2 document, inspect the document before July 31, 2022 and update the Form I-9 by following the instructions described below. Per USCIS guidelines, it is best if the employee can present the replacement of the actual document that was expired, but if necessary, the employee may choose to present a different List A or List B document or documents.  

For Historical Form I-9 records completed using the DHS Temporary List B COVID-19 Receipt Policy, see the Updating Document Information in Section 2 for a Historical I-9 section below for more details.

For remote employees who are not able to travel on-site to complete this process, consider using the Remote Section 2 Amendment feature. See the Remote Section 2 Amendment Option for Remote Employee Receipt Reverification section below for more details. 

Scenarios 2 and 3 do not require action. 

Updating Document Information in Section 2 for a Historical I-9 

If the employee’s I-9 was created in the Tracker system as a Historical I-9, then take the following steps regardless of what document the employee presents (same List B, new List A, or different List B). 

1. Navigate to Section 2 

2. Enter the following information in the Section 2 Additional Information textbox 

   • The Document Title 

   • The Document Issuing Authority 

   • The Document Number 

   • The Document Expiration Date 

   • Initial and date the changes 
      

3. Click the Save/Acknowledge button and complete the Section 2 Electronic Amendment form to complete the process 
    

NOTE: The USCIS instructions for updating Section 2 are slightly different than the instructions above because USCIS assumes the employer completes the Form I-9 on paper. The instructions are tailored to the electronic Tracker I-9 solution’s validation logic and Electronic I-9 Audit Trail requirements to ensure compliance.  

Remote Section 2 Amendment Option for Remote Employee Receipt Reverification 

For remote employees who are not able to travel on-site to complete the Receipt Reverification process, consider using the Remote Section 2 Amendment feature.  

Summary: Identify a remote third party to complete a Remote Section 2 Amendment. The third party and employee will need to coordinate a face-to-face meeting to complete the in-person physical document inspection review. 

Detailed Steps: 

1. Ensure the Remote Section 2 Amendment workflow is enabled in your Client configuration settings. 

2. Identify a remote third party who will serve as the Authorized Representative to update Section 2 using Tracker Remote Section 2 Amendment workflow. You only need the individual's email address to get started. 

3. Help coordinate a meeting between the employee and the remote third-party Authorized Representative. The employee and remote representative will meet in person. The purpose of this meeting is for the employee to present the physical document to the remote Authorized Representative, and for the Authorized Representative to document the inspection in the Tracker I-9 system. 

4. Access the Form I-9 that requires the deferred document inspection. Click the menu option in the right corner of the Form I-9 page and select the Remote Section 2 Amendment option.   

5. Enter the required information on the Form and click Submit to send an email to the Authorized Representative’s email address requesting a change to Section 2 of the Form I-9. The instructions to the Authorized Representative are auto-populated with template text. NOTE: Be sure to update the instructions to describe what changes should be made. Here is language that you can consider using. Please tailor these instructions to align with your business policies and practices. 

   • We identified a change that is needed in Section 2 of this Form I-9 to ensure the form is completed properly and has the most accurate information.  

     This employee's expired identification document was accepted due to a temporary COVID-19 rule. Now that the rule is expiring, the employee must present an unexpired document.  

     Please ask the employee to present their renewed List B Document. Alternatively, the employee can present a different List B Document or a List A Document. It's their choice. If the employee presents a different List B Document or List A Document, please contact us for further assistance at [PHONE NUMBER]. 

     If the employee presents their renewed List B Document, please take the following actions. 

     1.Uncheck the COVID-19 Receipt checkbox .
     2. Update Section 2 with any new document information, such as the new expiration date.
     3. Enter “COVID 19 Expired List B Document Reverified [CURRENT DATE]. See audit trail for more details” in the Additional Information text box.
     4. Upload any images of the renewed List B Document. [Delete if this conflicts with your organization’s document retention policy] 

     Once you have completed these changes, please click the Save button and complete the Electronic Amendment form. Thank you. 

   •  

6. The Authorized Representative receives a Remote Section 2 Amendment request email with instructions for accessing Section 2 of the Form I-9.  

7. The Remote Section 2 Amendment landing page provides an overview of amendment process, with an option for the Authorized Representative to accept or decline the request.
   
   When the Authorized Representative declines the request, the amendment process ends and the Section 2 Amendment task status changes to Declined. The system also sends an email based upon the Remote Access Declined email alert configuration settings (when enabled) 

8. When the Authorized Represents accepts the request, the system displays the Remote Section 2 Amendment page. The instructions included in the Request Remote Section 2 Amendment form will display at the top of the Section 2 page. 

9. The Authorized Representative clicks Save, enters their name, completes the attestation which concludes the Remote Section 2 process. 

10. The Tracker I-9 system updates Section 2, the Electronic Audit Trail, and PDF Form I-9 signing history. 

E-Verify Considerations 

Reporting On Active Form I-9s Containing COVID-19 Receipts in Section 2

Using the Custom Report feature within Tracker I-9 you may create a repot of all active Form I-9 records containing COVID-19 Receipts and requiring Receipt Reverification

1. Acces I-9 Custom Reports from the Report Menu.
2. filter on Next Action = Receipt Reverifcation Due and Date Type = Next Action Due.
3. For the Date Range;
   • If you are running this report on or after May 1st 2022, you may set the From and To dates to July 31, 2022.
   • If you are running this report before May 1st 2022 do not set a date range and check the "Include records without a Next Action Due Date" box.
     
4. You may then select any other filters options you would like to include and select the columns you would like in the report.
5. Click Run Report.
   • If this report has been run on or after May 1st 2022 and you are filtering for July 31, 2022 then you will only see record that are due for Receipt Reverification on that date.
   • If you are running this report before May 1st 2022 and have checked the "Include records without a Next Action Due Date" box, you will want to look for the record that have no Next Action Due Date listed.  As identified earlier in this article the COVID-19 Receipt I-9s will have a Next Action Due date added when the temporary policy ends May 1st.
     

Please see the Tracker COVID-19 guide here for more information on this and other COVID-19 related policies and processes.