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Updating I-9s Completed Using the DHS List B COVID-19 Receipt Temporary Policy

DHS Ends COVID-19 Temporary Policy for Expired List B Identity Documents 

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 

 

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. 

Option 1: Employee Presents Renewed List B Document 

If the employee presents the renewed List B Document that was expired when originally presented, then take the following steps: 

  1. Navigate to Section 2 

  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 
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  4. Upload any images of the renewed List B Document (if it’s your organization’s policy to retain images of all employee Form I-9 documentation) 

  5. Click the Save/Validation button and complete the Section 2 Electronic Amendment form to complete the process 
     

Option 2: Employee Presents NEW List A Document 

If the employee presents a NEW List A Document, then take the following steps: 

  1. Navigate to Section 2 

  1. Select the “Reset” button 
     

  2. Click the List A Document dropdown and select the NEW List A Document in the document selector 

  3. Enter the List A document data  

  1. Enter “COVID 19 Expired List B Document Reverified [CURRENT DATE]. See audit trail for more details” in the Additional Information text box 

  1. Upload images of List A Document (if it’s your organization’s policy to retain images of all employee Form I-9 documentation) 

  1. Click the Save/Validation button and complete the Section 2 Electronic Amendment form to complete the process  

Option 3: Employee Presents DIFFERENT List B Document 

If the employee presents a DIFFERENT List B Document than the document originally presented, then:  

  1. Navigate to Section 2 

  1. IMPORTANT: Record the List C Document data (you must re-enter it later)  

  1. Select the List B Document Type dropdown (Do NOT select the Reset button) 
     

  2. Select the NEW List B Document and original List C Document in the document selector 

  3. Enter both the New List B and List C document data (NOTE, unfortunately, the List C Document data must be reentered because selecting different document types was not designed to preserve existing document data) 

  1. Enter “COVID 19 Expired List B Document Reverified [CURRENT DATE]. See audit trail for more details” in the Additional Information text box 

  1. Upload images of the List B (if it’s your organization’s policy to retain images of all employee Form I-9 documentation) 

  1. Click the Save/Validation button and complete the Section 2 Electronic Amendment form to complete the process.  

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 

  1. 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 
       

  2. 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. 

  1. 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. 

  1. 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. 

  1. 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.