Post COVID changes to the I-9 (May 2022)

LIST B EXPIRED DOCUMENTS

Beginning on May 1, 2022 DHS is retiring their COVID-19 temporary policy for expired List B identity documents. Employers have until July 31, 2022, to update the I-9s of current employees who presented expired List B identity documents under the temporary policy. Please read more from DHS here:

RELEVANT DHS WEBSITE

To identify which hires at your company could be impacted and require action, you can build the following report in Onboard Manager’s ‘Manage New Hires Dashboard’.

Add the following fields to your table:

• I9 Section Two Date (this is the date the sect 2 was completed),

• I9 Document1 Expiry Date (this is the date the document used expired(s)),

• I9 Document1 Type (the list a, b, or c used), and the

• I9 Document1 Title (the actual doc used).

Add the following fields to your filters:

• I9 Document1 Type (set to 'List B. Identity’)

• I9 Section Two Date (set to 05/01/2020 - 04/30/2022)

• I9 Document1 Expiry Date (set to 05/01/2020 - 04/30/2022)

With this report, you can determine if the List B item used was expired by comparing the ‘I9 Section Two Date’ and the ‘I9 Document1 Expiry Date’ fields. Should you determine that an expired document was used, follow the instructions that DHS has released to determine if there is a required action on your end.

RELEVANT WEBSITE

If you are required to obtain a new List A or B item from your hire, it is recommended that you use the Stand Alone I-9 Sect 1 and 2 activities.

PHYSICAL VERIFICATION OF I-9 (Postponed by DHS until October 31st 2022)

Beginning November 1st, DHS is also retiring the ability to Virtually Verify the List A, B & C documents. The ‘Verification Type’ field defaults to Physically Verified for new I-9s, and is un-editable. Clients should be aware that virtual is no longer an option and to continue to do so puts their compliance at risk. Employers who used the virtual option under the temporary I-9 policy are required to physically inspect the documents of affected employees within three days after normal operations resume. Re-verifying employees in person upon "return to work" has been required since the enactment of the temporary COVID-19 flexibilities.

RELEVANT WEBSITE

FEDERAL CONTRATOR UEI#

The SAM.gov assigned UEI# is replacing the DUNS# for Federal Contractors. Employers that have indicated they are a federal contractor in E-Verify will need to provide this UEI number to be added to their company’s DHS/USCIS/E-verify profile.

RELEVANT WEBSITE

NEW I-9 DESIGN

Lastly, DHS is currently accepting feedback until the end of May 2022 on their plans to revamp the I-9 to a single-page document, with Section 3 as a separate supplemental document. We encourage our clients to read about the proposed changes and make their voices heard by leaving feedback here:

RELEVANT WEBSITE