Immigration and Covid-19: How It Is Working?

Letter from US Citizenship and Immigration Services on Flag of United States of America.

The pandemic of COVID-19 has obliged several countries to issue home stay contracts, calling for temporary policies to be formed in relation to List B documents that are expired used to renovate Form I-9-Verification of job eligibility. The problem now faced by employers is that few documents listed on List B are expired and cannot be updated as a result of the coronavirus crisis.

The DHS has declared that, on or after the first day of 1 May 2020, identifying documents in List B that will not be comprehensive by the issuing authority and will expire by or after 1 March 2020 may be deemed valid and appropriate for the purpose of verifying Type I-9. An immigration lawyer can guide you the best in this regard.

Documents of Type I-9 B Identification

Form I-9 includes three sets of documentation which can be given to validate employability: List A, B and C. List B documentations are identity cards issued by state or local authorities with an image, date of birth, gender, name, height, colors of eyes and address; School ID with an image valid; voting card; U.S. military card or recorrido bill. Coast Guard Mariners' Identity Card; Native American Tribal Record; and Canadian Authority Driver license are needed.

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What Happens If an Employee Supplies an Expired ID Document?

If the employee has submitted an outdated document for List B, the employer shall record details as required in Section 2 of List B and shall include "COVID-19" in the additional field of details. If this temporary policy is terminated, DHS will then be required to present, as a substitute for the document issued at the time of hire, an unexpired and legitimate document. The announcement further states that it is better for the employee to apply the updated document on initial recruitment. However, if not possible, the DHS also requires the employees to request an additional List A or List B document, which they will report in the additional field of details.

Issuing Authority Extends the List B Validity

When the List B ID of an employee expires on or after 1 March 2020 and when the issuing Authority has extended the date of expiry due to a COVID-19 pandemic, then the document shall remain acceptable for the timeframe specified by the issuing authorities as List B for the Form I-9 format. Employers can also add a website or other notice that the issuing authority extends the validity of the contract. Using the expired form ListB from Section 2 of Form I-9 to set up an E-Verify case for employers interested in the E-Verification and to run it within 3 days of the hire date, you need a lawyer.

Contact an immigration lawyer in Foshhe and Yaffee to deal with your case in this Covid-19 pandemic. We are located in OKC.

**Disclaimer: This content is not to be construed as legal advice nor does it establish terms of a client-attorney relationship.