Employers who accepted certain documents for I-9 immigration forms from employees during the pandemic have till July 31st to update the forms to comply with the law. The temporary policy that was in-place that permitted employees to provide expired List B (proof of identification) documents to complete I-9 forms due to challenges presented during the pandemic is now being revoked by the Department of Homeland Security. Here’s what employers should know about this deadline, as explained by the NPZ Law Group.
What Does This Deadline Signify? During the pandemic, employers experienced several challenges in acquiring the appropriate documents from employees in connection with the Employment Verification process. Therefore, the Department of Homeland Security permitted employers to accept expired List B (proof of identification) documents to complete I-9 forms. The lockdowns due to the pandemic made it near impossible for employees to renew their documents. Therefore, this temporary policy was introduced to combat those challenges. However, now that those challenges are no longer present, the Department has removed the policy. From May 1st, 2022, employers must only accept valid List B documents from their employees who are working with them in connection with the I-9 immigration form. According to the US Citizenship and Immigration Services (USCIS), employers will also have to ask all of their employees who provided expired List B documents to provide updated, valid ones before July 31st. Employers will, therefore, need to secure the following documents for employees with I-9 immigration forms who were hired between May 1, 2020, and April 30, 2022. - A renewed List B document (unexpired) - A different List B document or a List A document. Important Points Employers Should Keep in Mind. Employers are not required to update the proof of identification documents for any employees or the aforementioned employees who are not under the company’s employment. Employers will need to enter specific information about the List B document when updating it for the affected employees. The details are listed below. - The title of the document - The document’s issuing authority - The document number - The expiration date provided in Section 2 under the heading of “Additional Information” The employer’s representative must mark the date that the change was made, and the relevant initials must be provided. Employers do not need to make any updates in List B documentation details if the document’s issuing authority auto-extended it. This is because the document will be unexpired in that case. For example, the effects of the COVID-19 pandemic gave many States the freedom to automatically extend the expiration dates of drivers’ licenses. Thus, such documents do not need to be updated. Last Few Words. If you are an employer, it is imperative that you review all provided documentation of your employees. Failure to comply with the new policies could result in significant monetary penalties. If you have any questions about how these laws in the United States may impact you or your family or if you want to access additional information about the United States or Canadian immigration and nationality laws, please feel free to get in-touch with the immigration and nationality lawyers at NPZ Law Group. You can send us an email at [email protected] or you can call us at 201-670-0006 extension 104. In addition, we invite you to find more information on our website at http://www.Visaserve.com
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