Department of Homeland Security (DHS), I-9 and REAL ID Policies

Last Updated

March 19, 2021

Topics

  • I-9 Policy:
    • List B: DHS has announced that, Form I-9 identity documents found in List B set to expire on or after March 1, 2020, and not otherwise extended by the issuing authority, may be treated the same as if the employee presented a valid receipt for an acceptable document for Form I-9 purposes. DHS has issued special instructions for how employers should fill out form I-9 if this policy is utilized, and when an employee must submit an updated or replacement List B document after this temporary policy ends. Any concerned practitioners or employers should review the announcement in full for details.
    • EADs: Due to delays in producing EADs during the COVID-19 pandemic, employees were previously authorized to use Form I-797 Notice of Action with a date on or after Dec. 1, 2019, through and including Aug. 20, 2020, informing an applicant of approval of an Application for Employment Authorization as a Form I-9 Employment Eligibility Verification, List C #7 document, even though the Notice states otherwise. The last day that employees were authorized to present this notice to complete Form I-9 was Feb. 1, 2021. There has not been an extension of this policy.
    • In-person Inspection: DHS and ICE announced flexibility in complying with requirements related inspecting forms in-person for to Form I-9, Employment Eligibility Verification, due to COVID-19. This temporary policy was set to expire on Dec. 31, 2020, but was subsequently extended until Jan. 31, 2021 and again until March 31, 2021. See the extension announcement here.
  • REAL ID: On March 26, DHS announced the extension of the REAL ID enforcement deadline beyond the current Oct. 1, 2020, deadline. DHS has provided a 12-month delay and the new deadline for REAL ID enforcement is October 1, 2021. More information is availableforthcoming in the Federal Register.

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