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DHS has ended the COVID-19 Temporary Policy for List B Identity Documents. That means families with household help are no longer able to accept expired List B documents with their worker’s Form I-9. Here’s how to handle previously hired employees who presented expired documents.
The Department of Homeland Security (DHS) has ended the COVID-19 Temporary Policy for List B Identity Documents. That means employers – including families with household help – are no longer able to accept expired List B documents with their worker’s Form I-9.
Why DHS is ending the COVID-19 Temporary Policy
At the onset of the COVID-19 pandemic, DHS adopted the temporary policy in response to the difficulties many individuals experienced with renewing documents, such as driver’s licenses or state identifications, during the health crisis.
Now that document-issuing authorities have reopened and/or provided alternatives to in-person renewals, DHS has ended this flexibility. Now household employers must only accept unexpired List B documents.
About Form I-9
At the start of employment, household employers are required to properly complete Form I-9 to verify the identity and employment authorization of the workers they hire. This includes citizens and noncitizens. Both household employees and families must complete the form.
On the form, a household employee must attest to their employment authorization. The worker must also present their employer with acceptable documents evidencing identity and employment authorization.
The list of acceptable documents can be found on the last page of the form.
List B documents include:
- Driver’s license or state ID card w/photo or identifying information
- ID card issued by federal, state, or local agency w/photo or identifying information
- School ID w/photo
- Voter’s registration card
- U.S. Military card
- Military dependent ID card
Form I-9 must be signed no later than the first day of employment and the documents must be presented within three business days from the start of employment.
A family must inspect the documents, make copies, and return the originals to their employee. The documents must reasonably appear to be genuine and relate to the employee.
The copies of the documents are kept in the employee’s personnel file with Form I-9. It is not returned to any government agency but must be made available for inspection by authorized government officers.
Household employers must retain Form I-9 for either three years after the date of hire or for one year after employment is terminated, whichever is later.
The I-9 form can be completed electronically to help reduce errors. It can be found on the U.S. Citizenship and Immigration Services website.
How to handle employees with expired documents
If your household employee presented you with an expired List B document between May 1, 2020, and April 30, 2022, you are required to update their Form I-9 by July 31, 2022.
If your worker’s Form I-9 was completed between May 1, 2020, and April 30, 2022, with an expired List B document and that document expired on or after March 1, 2020, and you still employ them, then:
- Have your employee provide an unexpired document that establishes identity. Employees may present the renewed List B document, a different List B document, or a document from List A.
- In the “Additional Information” field of Section 2, you will enter the document:
- Title;
- Issuing authority;
- Number; and
- Expiration date.
- Initial and date the change. See example.
If your worker is no longer employed, then no action is required on your part.
If the List B document was auto extended by the issuing authority, so it was unexpired when presented, then no action is required.
GTM can help
GTM Payroll’s online, self-onboarding walks your new hire seamlessly through the employee setup process meaning less work for you tracking down paper documents and fewer mistakes that can slow things down. It’s just another way that GTM Payroll Services makes nanny payroll and taxes easy for you. Through automatic payroll processing with direct deposit and tax withholdings calculated for you, payday is a breeze. And we take care of remitting your employment taxes. To learn more or to sign up, call (800) 929-9213 or schedule time with a household employment expert.
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