By John Fay
U.S. Citizenship and Immigration Services (USCIS) recently published a set of frequently asked questions (FAQs) addressing employer obligations under the recently developed E-Verify Status Change Report. As discussed in our earlier article, the Status Change Report was introduced to help E-Verify-enrolled employers identify previously verified employees whose Employment Authorization Document (EAD) had been revoked by the Department of Homeland Security (DHS).
These revocations stem from DHS’s decision to terminate humanitarian parole for many individuals, most notably those who entered the US through a categorical program called the Processes for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV). While these actions have been subject to litigation, the US Supreme Court has allowed DHS to proceed with the parole terminations and the subsequent revocations of EADs used by these individuals to work.
The new FAQs expand on earlier guidance, offering important clarifications on how employers should respond when employees appear in the report and how to help address situations involving employee objections, conflicting records, and other compliance challenges.
The new FAQs address several practical issues that have surfaced since the launch of the Status Change Report. Among the most significant are the following:
USCIS makes clear that if the EAD card number used for the E-Verify case matches the revoked document number in the Status Change Report, the employer must reverify, even if the employee claims their EAD is still valid. This clarification is particularly important given the increasing number of situations where employees may question or push back on reverification efforts.
The USCIS clarifies that employers should only act on individuals who specifically appear in the E-Verify Status Change Report. Employees from CHNV countries may have been granted parole outside the terminated categorical CHNV program, and their EAD may still be valid. The report is the source of truth.
USCIS notes that if an EAD is identified in the Status Change Report as revoked, reverification is required, even if the card appears facially unexpired. Employers may not allow the individual to continue working unless the employee presents other acceptable documentation showing continued work authorization.
The FAQs confirm that USCIS has updated the report logic over time to more accurately reflect the list of impacted individuals. Initially, the report included employees with revoked EADs even if a different, non-revoked EAD had been used by the employer in the E-Verify submission. These individuals were removed in the July 15th update. Conversely, the initial report excluded certain employees with revoked EADs where the employer had mistakenly selected "Permanent Resident Card" instead of EAD as the document type in E-Verify. These individuals were added in the July 15th update.
The FAQs stress that an employer’s reverification obligation is triggered by any knowledge, direct or indirect, that an employee may have lost their work authorization. This applies to all employers, even if they don't use E-Verify or the employee isn't on the report.
USCIS now specifies that the report updates approximately every two weeks, giving employers a practical cadence to check for monitoring.
The FAQs also address employer agent scenarios, including when an employer changes employer agents and is no longer able to obtain the status change report related to all of their past employee verifications. While the FAQs clarify that agents should not see data for former clients after termination, questions remain regarding how an employer may obtain this information. We have reached out to USCIS to seek further clarification.
The new USCIS guidance places a clear and ongoing responsibility on E-Verify employers to monitor and act upon the information in the Status Change Report. It also touches upon obligations of employers who are NOT using E-Verify.
In light of these requirements, employers may wish to consider the following action plan:
Establish a Reporting Cadence: Given the bi-weekly changes to the report, employers may wish to set a reminder to check for updates to the EAD revocation page every 2 weeks. Employers using E-Verify Agents may wish to buffer in a few extra days for the agent to generate the report for all of its clients, filter out previous entries, and perform other actions.
Develop a Standard Operating Procedure (SOP): Train your HR staff and managers on the exact steps to take when an employee appears on the report. This includes how to notify the employee, how to complete Supplement B of Form I-9, and the deadlines for presenting new documentation (if established by your organization).
Address Non-E-Verify Populations: If you do not participate in E-Verify, or if you use it only in certain parts of your workforce (e.g., state-mandated or federal contract workers), review your policies to help ensure you have a clear process for acting on any information that suggests an employee’s work authorization has changed.
Consult Counsel for Complex Cases: For situations involving employee disputes, conflicting documentation, or other legal uncertainties, seek guidance from experienced immigration or employment counsel to help mitigate the legal risk.
The information provided is intended as general guidance and is not intended to convey any tax, benefits, or legal advice. For information pertaining to your company and its specific facts and needs, please consult your own tax advisor or legal counsel. Equifax Workforce Solutions provides services that can help employers reduce their compliance risks. Details on our provision of these services and related support will be contained in your services agreement. Links to sources may be to third party sites. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.