Form I-9 : DHS Makes Exception for Expired Drivers’ Licenses During National Emergency

Maggio Kattar

The Department of Motor Vehicles in many states have closed indefinitely during the COVID-19 pandemic.  As a result, many states are automatically extending qualifying driver’s licenses for a period of time.  Eligibility for an extension and the extension period varies by state.  A driver’s license that is expired on its face, but valid due to automatic extension, is an acceptable List B ( proof of identity) document for the Form I-9.  Here’s how to complete Section 2 of the Form I-9 when the employee presents a driver’s licenses that is expired on its face, but automatically extended by the state.

It is important to note that both the expiration periods covered as well as the length of an extension varies dramatically by state.  For example, as of the date of this post:

  • New York’s  automatic extension covers licenses expiring on or after March 1 and extends (currently) only through April 19.
  • In Virginia, licenses expiring between March 15 and May 15 will be extended for 60 days.
  • DC DMV has extended the expiration date for all documents expiring March 1 through April 28, until May 15.
  • In Maryland, documents  that would otherwise expire during the state of emergency are extended until 30 days following the end of the state of emergency.
  • In Nevada, driver’s licenses expiring between March 16 and April 30 are automatically extended for 90 days.
  • In Pennsylvania, driver’s licenses expiring betwee March 16 through April 30 are automatically extended through May 31, 2020.
  • In Texas, driver’s licenses expiring on or after March 13 are automatically extended for 60 days.

In many states, the automatic extension is only available for renewals that cannot be performed online.

Due to this significant disparity in application of extensions, it is advisable for employers to ask their employee to provide documentation from their state DMV that describes the extension (some will receive a specific notice from their state’s DMV, but for others, it is likley that only the state’s posting of the rule on their website will be available).

If an employee’s state ID or driver’s license is expired on its face but automatically extended by their state due to COVID-19, then it is an acceptable List B document for the Form I-9.   Employers will enter the document’s expiration date in Section 2 and enter “COVID-19 EXT” in the “Additional Information” field.   Employers are may also include a copy of the state DMV webpage or notice indicating that their document has been extended.

State and Federal COVID-19 responses are changing by the minute.  Please contact your Maggio Kattar attorney with any questions.