The Department of Homeland Security (DHS) has expanded the E-Verify Status Change Report to include additional categories of Employment Authorization Documents (EADs) that have been invalidated after issuance.
Previously, the report only included invalidated EADs issued under category C11 (Parolee). The enhanced report now also includes invalidated EADs issued under the following categories:
- A12 – Temporary Protected Status (TPS) beneficiaries
- C19 – TPS applicants
- C08 – Asylum applicants with pending asylum applications
- C09 – Adjustment of Status applicants (Form I-485)
- C11 – Parolees
This change provides employers with a new tool to identify workers whose employment authorization may have been revoked or terminated after an E-Verify case was created.
Why EADs May Be Invalidated
DHS has authority to invalidate EADs in certain circumstances, including:
- Approval, denial, or withdrawal of a Form I-485 (Application to Register Permanent Residence or Adjust Status);
- Approval, denial, or withdrawal of a Form I-589 (Application for Asylum and for Withholding of Removal);
- Termination of a country’s Temporary Protected Status designation; or
- Other actions affecting an individual’s employment authorization status.
Importantly, an employee may still possess a physical EAD card that appears valid even though DHS has subsequently invalidated the document.
What Employers Need to Know
The Status Change Report allows E-Verify employers to identify cases associated with EADs that have later been invalidated by DHS.
Key points include:
- DHS may revoke or terminate employment authorization at any time in accordance with applicable law and procedures.
- Employers should regularly review the Status Change Report.
- Employer agents must notify affected clients if invalidated EADs appear in client reports.
- DHS will continue updating the report on a bi-weekly basis as new data becomes available.
Employers should also continue monitoring E-Verify and USCIS announcements regarding TPS extensions, terminations, and employment authorization changes.
Reverification Requirements
If an employee appears on the Status Change Report, employers must reverify employment authorization using Form I-9 Supplement B.
During reverification:
- Employees must present an unexpired document from List A or List C of the Lists of Acceptable Documents.
- Employers must not reverify identity documents from List B.
- Employers must allow employees to choose which acceptable document(s) to present.
- Employers should not create a new E-Verify case.
If an employee cannot provide evidence of continuing work authorization, employers should consult legal counsel and applicable USCIS guidance regarding next steps.
Anti-Discrimination Reminder
USCIS emphasized that employers must continue complying with the anti-discrimination provisions of the Immigration and Nationality Act (INA).
Employers may not:
- Request more or different documents than required for Form I-9 purposes;
- Require employees to present the same document previously used for work authorization;
- Demand a specific document;
- Reject documents that reasonably appear genuine and relate to the employee presenting them.
These protections apply equally to employees whose EADs appear on the Status Change Report.
Erickson Insights and Analysis
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.