Skip to main content

Nixon Peabody LLP

  • People
  • Capabilities
  • Insights
  • About
Trending Topics
    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni
    Practices

    View All

    • Affordable Housing
    • Community Development Finance
    • Corporate & Finance
    • Cybersecurity & Privacy
    • Entertainment & Media
    • Environmental
    • Franchising & Distribution
    • Government Investigations & White Collar Defense
    • Healthcare
    • Intellectual Property
    • International Services
    • Labor, Employment, and Benefits
    • Litigation
    • Private Wealth & Advisory
    • Project Finance
    • Public Finance
    • Real Estate
    • Regulatory & Government Relations
    Industries

    View All

    • Aviation
    • Cannabis
    • Consumer
    • Energy
    • Financial Services
    • Healthcare
    • Higher Education
    • Infrastructure
    • Manufacturing
    • Nonprofit Organizations
    • Real Estate
    • Sports & Stadiums
    • Technology
    Value-Added Services

    View All

    • Alternative Fee Arrangements

      Developing innovative pricing structures and alternative fee agreement models that deliver additional value for our clients.

    • Continuing Education

      Advancing professional knowledge and offering credits for attorneys, staff and other professionals.

    • Crisis Advisory

      Helping clients respond correctly when a crisis occurs.

    • DEI Strategic Services

      Providing our clients with legal, strategic, and practical advice to make transformational changes in their organizations.

    • eDiscovery

      Leveraging law and technology to deliver sound solutions.

    • Environmental, Social, and Governance (ESG)

      We help clients create positive return on investments in people, products, and the planet.

    • Global Services

      Delivering seamless service through partnerships across the globe.

    • Innovation

      Leveraging leading-edge technology to guide change and create seamless, collaborative experiences for clients and attorneys.

    • IPED

      Industry-leading conferences focused on affordable housing, tax credits, and more.

    • Legal Project Management

      Providing actionable information to support strategic decision-making.

    • Legally Green

      Teaming with clients to advance sustainable projects, mitigate the effects of climate change, and protect our planet.

    • Nixon Peabody Trust Company

      Offering a range of investment management and fiduciary services.

    • NP Capital Connector

      Bringing together companies and investors for tomorrow’s new deals.

    • NP Second Opinion

      Offering fresh insights on cases that are delayed, over budget, or off-target from the desired resolution.

    • NP Trial

      Courtroom-ready lawyers who can resolve disputes early on clients’ terms or prevail at trial before a judge or jury.

    • Social Impact

      Creating positive impact in our communities through increasing equity, access, and opportunity.

    • Women in Dealmaking

      We provide strategic counsel on complex corporate transactions and unite dynamic women in the dealmaking arena.

    1. Home
    2. Insights
    3. Articles
    4. COVID-19 temporary List B document policy for I-9 purposes

      Articles

    Article

    COVID-19 temporary List B document policy for I-9 purposes

    May 14, 2020

    LinkedInX (Twitter)EmailCopy URL

    By Jason Gerrol

    As a result of COVID-19, employers may treat an expired List B identity document as a receipt for I-9, Employment Eligibility Verification, purposes.

    The Form I-9, Employment Eligibility Verification, process requires all new employees to present to his or her employer acceptable document(s) verifying his or her identity and employment authorization. As a general rule, those documents cannot be expired.

    However, in light of COVID-19 stay-at-home orders and similar, some employees may encounter challenges when attempting to renew an acceptable List B identity document, such as a driver's license. In response to this challenge, the Department of Homeland Security (DHS) is implementing a temporary policy whereby an identity document found in List B, and set to expire on or after March 1, 2020, and not otherwise auto-extended by the issuing agency, may be treated as a receipt for an acceptable List B document.

    In the event an employee presents a List B document that expired on or after March 1, 2020, the employer may record that document in Section 2 of the Form I-9, and enter "COVID-19" in the additional information field.

    Within 90 days of DHS's termination of this temporary policy, the employee must present an unexpired List B document, to replace the expired document presented at the time of hire. At that time, employers should record in the Section 2 Additional Information field the document number and other required information from the new unexpired document.

    In the event the employee presents a List B identity document set to expire on or after March 1, 2020, but that document has been auto-extended by the issuing agency due to COVID-19, an employer need not treat that document as a receipt. Rather, an employer may treat that as an acceptable List B document, and the employee is not required to present an unexpired document at a later time. An employer may want to attach to the Form I-9 a copy of the notice from the issuing agency (e.g., the Department of Motor Vehicles) regarding the auto-extension.

    Employers participating in E-Verify may use the employee's expired List B document to create an E-Verify case within three days of the date of hire.

    This DHS policy supplements a prior DHS notice relaxing the requirement that an employer must physically examine original documents in the physical presence of the employee, and instead allowing the employer to conduct the inspection of documents remotely (e.g., by video, fax, or email) and not in the employee's presence. These relaxed requirements were implemented for a period of 60 days from the announcement date of March 20, 2020, or three business days after the end of the National Emergency declaration, whichever comes first.

    Employers availing themselves of these relaxed and temporary I-9 requirements, either the remote inspection policy or expired List B document policy, should be sure to read the relevant DHS notice(s) carefully to ensure full compliance, and to ensure any deadlines for taking further action are not missed.

    Practices

    Immigration
    The foregoing has been prepared for the general information of clients and friends of the firm. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel. If you have any questions or require any further information regarding these or other related matters, please contact your regular Nixon Peabody LLP representative. This material may be considered advertising under certain rules of professional conduct.

    Subscribe to stay informed of the latest legal news, alerts, and business trends.Subscribe

    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni
    • Cookie Preferences
    • Privacy Policy
    • Terms of Use
    • Accessibility Statement
    • Statement of Client Rights
    • Purchase Order Terms & Conditions
    • Nixon Peabody International LLC
    • PAL
    © 2025 Nixon Peabody. All rights reserved