Department of Labor Update:
Form I-9 COVID Policy:
The Department of Labor has announced that starting May 1, 2022, employers will no longer be able to accept expired List B documents for Form I-9, Employment Eligibility Verification purposes—ending a temporary policy enacted in response to stay-at-home orders and document renewal difficulties during the COVID-19 pandemic.
By July 31, 2022, employers must update Form I-9 for all current employees that presented an expired List B document between May 1, 2020 and April 30, 2022, and whose List B document was not auto-extended by the issuing authority. Expired documents that were auto-extended are acceptable List B documents for Form I-9 and should be updated in accordance with U.S. Citizenship and Immigration Services (“USCIS”) policies. Employees that presented an auto-extended List B document are not required to later present an unexpired document. Please note that while USCIS prefers the replacement of the actual expired document previously presented, another List A or List B document may also be recorded. Please contact immigration counsel for additional guidance and questions regarding I-9 verification and reverification procedures.
USCIS Policy Manual Guidance:
USCIS has updated its Policy Manual to provide further guidance regarding new classes of admission codes on Form I-94, distinguishing between E and L work-authorized spouses (“S” designations, e.g. E-2S and L-2S) and children (“Y” designations). E and L spouses with a valid Form I-94 issued by USCIS before January 30, 2022 and without an “S” designation will receive a notice from USCIS beginning April 1, 2022, to be used as evidence of employment authorization when presented in conjunction with a valid Form I-94. E and L spouses who have not received this notice by April 30, 2022 and are identified as qualifying spouses based on an approved Form I-539 should email E-L-married-U21@uscis.dhs.gov to request a notice.
As a reminder, USCIS will not send notices to E and L spouses who received their I-94s without the “S” designation from U.S. Customs and Border Protection (“CBP”). These individuals should reach out to immigration counsel to determine their options for obtaining a spousal designation on their Form I-94s.