Q - Can an employer accept an expired driver's license to establish a new hire's identity for I-9 purposes?
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A - No. USCIS by regulation has stated that expired documents can no longer be used to establish identity. List B documents are listed on the back of the I-9 form. It does not appear that these will change when a new I-9 Form is issued. These documents are:
List B
Documents that establish identity1. Driver's license or ID card issued by a state or outlying possession of the
United States provided it contains a photograph or information such as
name, date of birth, sex, height, eye color, and address
2. ID card issued by federal, state or local government agencies or entities
provided it contains a photograph or information such as name, date of
birth, sex, height, eye color, and address
3. School ID card with a photograph
4. Voter's registration card
5. U.S. Military card or draft record
6. Military dependent's ID card
7. U.S. Coast Guard Merchant Mariner Card
8. Native American tribal document
9. Driver's license issued by a Canadian government authorityFor persons under age 18 who are unable to present a document listed above:
10. School record or report card
11. Clinic, doctor, or hospital record
12. Day-care or nursery school record
Page 31 of the Revised Handbook for Employers states:
Expired documents are no longer acceptable for Form I-9. However, you may accept Employment Authorization Documents (I-766) and Permanent Resident Cards (Form I-551) that appear to be expired on their face, but have been extended under the limited circumstances Also, individuals under the Temporary Protected Status (TPS) Program whose Employment Authorization Documents appear to be expired but were actually automatically extended via Federal Register notice may continue to work based on their Employment Authorization Documents during the automatic extension period specified in the Federal Register notice announcing the extension.