Summary At a Glance
- Expanded EAD Reporting. The E-Verify Status Change Report now identifies invalidated Employment Authorization Documents (EADs) in categories A12, C08, C09, C11, and C19.
- Reverification May Be Required. E-Verify employers must reverify affected employees using Supplement B of Form I-9 while following applicable documentation and nondiscrimination requirements.
- USCIS Reinforces Evidence Standards. In a separate development, USCIS is emphasizing complete and properly supported immigration benefit filings and may deny certain requests without first providing an opportunity to submit missing evidence.
Federal agencies have recently announced developments affecting different stages of the employment authorization and immigration benefits processes. For employers, particularly those participating in E-Verify or sponsoring foreign workers, the changes reinforce the importance of maintaining accurate employment authorization records and carefully managing immigration-related processes.
The most immediate change involves an expansion of the E-Verify Status Change Report, which employers can use to identify certain Employment Authorization Documents (EADs) that the U.S. Department of Homeland Security (DHS) has invalidated. Separately, U.S. Citizenship and Immigration Services (USCIS) has announced that it is reinforcing existing evidence standards when reviewing immigration benefit requests.
While the developments involve separate processes, both are important for employers managing immigration-related compliance.
E-Verify Expands Status Change Report
The E-Verify Status Change Report has been expanded to include additional EADs that DHS has invalidated.
Previously, the report included only category C11 EADs for parolees. It now also includes:
- A12: Temporary Protected Status (TPS) granted
- C08: Pending asylum applicants
- C09: Adjustment of status applicants
- C19: TPS applicants
DHS may invalidate these EADs when an individual’s underlying immigration status or application changes, including following the approval, denial, or withdrawal of certain immigration applications or the termination of a TPS designation. Employers may use the report to identify E-Verify cases submitted with A12, C08, C09, C11, or C19 EADs that DHS has since invalidated.
Upon identifying an employee whose EAD appears on the Status Change Report, E-Verify employers must reverify employment authorization using Supplement B of Form I-9.
During reverification:
- Employees must present unexpired documentation from List A or List C.
- Employers should not request a List B identity document.
- Employees must be allowed to choose which acceptable document to present.
- Employers should not create a new E-Verify case.
In doing so, employers must also follow federal non-discrimination requirements. They may not request more or different documents than required, require a specific document, or reject documents that reasonably appear genuine and relate to the employee.
For additional assistance employers may review the EAD Revocation Guidance for E-Verify Employers and the Completing Supplement B, Reverification and Rehires guidance for additional information.
USCIS Reinforces Evidence Standards
The E-Verify expansion comes as USCIS is also reinforcing evidence standards for immigration benefit requests.
USCIS announced that adjudicators may deny certain immigration benefit requests without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) when required initial evidence is missing or the existing record does not establish eligibility.
For employers that sponsor foreign workers, this development reinforces the importance of submitting complete immigration petitions and required supporting documentation at the time of filing rather than relying on an opportunity to supplement an incomplete filing later.
Recommended Next Steps for Employers
Together, these developments reinforce the importance of carefully managing employment authorization and immigration compliance throughout the employment relationship.
E-Verify employers should regularly review the Status Change Report and promptly complete any required reverification. HR personnel responsible for Form I-9 and E-Verify processes should also understand applicable documentation and non-discrimination requirements. Employers should also continue monitoring E-Verify updates for information regarding TPS extensions or terminations.
Employers sponsoring foreign workers should work with appropriate immigration counsel to ensure immigration benefit requests contain required evidence and supporting documentation when filed.
As federal immigration policies and procedures continue to change, employers should monitor DHS, USCIS, and E-Verify developments that may affect employment authorization or employer-sponsored immigration processes.
How HR Works Can Help
HR Works can assist you by conducting a comprehensive Form I-9 audit or providing training for your onboarding staff on proper Form I-9 completion. Contact us today for more information. Current Virtual Helpline or Strategic Services clients may contact the helpline or their designated HR Consultant with questions.
