In light of the COVID-19 pandemic, the Department of Homeland Security (DHS) provided some leniency to employers regarding the physical inspection requirement of Form I-9 identification documents. The unexpected onset of remote work for many employers made it difficult to inspect things like state IDs, Social Security cards, and other documents in person. Stay-at-home orders created challenges for employees to renew the IDs needed to verify identity and employment authorization, so employers were also temporarily allowed to accept expired documents from list B.
The clemency on in-person inspection of the documents has been extended yet again through October 31, 2022. However, as of May 1, 2022, employers are no longer allowed to accept expired documentation from list B.
Even though they’re still allowing some flexibility on the physical inspection, the extension announcement still encourages employers to “begin, at their discretion, the in-person verification” of documents for those hired after March 20, 2020. It’s not a bad idea to audit yourself and review your I-9 compliance from time to time – and don’t be surprised if you find a few errors that need corrected. If this is something you need help with or don’t feel qualified to audit yourself, reach out to our HR team at 440-348-9050.
