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Table of Contents

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1)    When your employee provides an acceptable expired List B Identity Document that has been extended by the issuing authority Issuing Authority you should:

For the scenario where state issued documents' (State ID and Driver's License) expiration date is auto extended, I-9 Specialists need to check in the state Motor Vehicle Administration or DMV website for confirmation.

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Attaching a copy of a web page or other notice indicating that the issuing authority Issuing Authority has extended the documents is required. Otherwise, the below error message displays when saving/signing Section 2 activity.

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After the COVID-19 temporary policy ends, within 90 days the employee is required to present a valid unexpired document to replace the expired document presented when they were initially hired. For more details on processing these transactions, please click here. 

b) Form I-9 Physical Document Review Flexibility 

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As an I-9 Administrator or as an Authorized Representative, when you are completing Section 2 for employees with "Alien" status, you will notice a new document title "I-797, Notice of Action" added in List C. This document is treated the same as if the employee presented a valid receipt for an acceptable document. After COVID-19 temporary policy ends and normal operations are resumed after, when the employee presents new evidence of employment authorization, then initiate receipt update process and update "I-797, Notice of Action" with the actual document. The employees may present their new EAD or any other acceptable document from either List A or List C as new evidence of employment authorization.

The following example shows the details of completing Section 2 using "I-797, Notice of Action". Click on List C drop down and select "I-797- Notice of Action" from the list.

This document will not be available in List C once the COVID-19 temporary policy ends.




The following message displays as soon as you select "I-797 - Notice of Action".

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According to the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE), Form I-797 - Notice of Action showing approval of the EAD application is acceptable for completing Form I-9 when reverifying the current employees. Employees who require Reverification may present this document for completing Form I-9 during COVID-19 temporary policy.

The following example shows the details of completing Section 3 using "I-797, Notice of Action" during COVID-19 temporary policy. Click on the Document Title and select "I-797- Notice of Action" from the drop down.




The following message displays as soon as you select "I-797 - Notice of Action".

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How to complete I-9 transactions after COVID-19 temporary policy ends?

For details on processes that are scheduled to run after the temporary policy ends and completing the I-9 transactions that are auto generated by these processes, please click here.