The Department of Homeland Security (DHS) has expanded the E-Verify Status Change Report to include invalidated Form I-766 Employment Authorization Documents (EADs) across additional regulatory categories.
- Expanded Categories: In addition to category C11 (parolees), the Status Change Report now captures invalidated EADs under categories:
- C08: Pending asylum applicants
- C09: Adjustment of status applicants (INA Section 245)
- A12: Granted Temporary Protected Status (TPS)
- C19: TPS applicants
- DHS can invalidate these EADs following the withdrawal, approval, or denial of pending applications (Form I-485 or I-589) or upon the termination of a TPS designation.
- Data within the Status Change Report will be refreshed bi-weekly.
- E-Verify Employer Agents are required to regularly pull the Status Change Report for all client accounts and promptly notify clients of any flagged cases.
Action Plan for Employers
- Frequently run and review the biweekly Status Change Report in E-Verify to check for match records against current employees. DHS will not collect physical EADs, meaning an employee’s card may appear visually valid despite being invalidated in federal databases.
- Form I-9 Reverification:
- For any active employee listed on the report with an invalidated EAD, conduct a reverification on Form I-9, Supplement B.
- Do not create a new E-Verify case for reverifications.
- Allow employees to present any unexpired document from List A or List C. Do not ask for specific documents, demand List B identity cards, or request more documentation than legally required.
- Ensure reverifications strictly adhere to Immigration and Nationality Act (INA) anti-discrimination provisions. Avoid treating employees differently based on citizenship status or national origin, and accept documents that reasonably appear genuine on their face.
- Employers should continue to monitor E-Verify What’s New for information about extensions or terminations of Temporary Protected Status.
Our Legislative Updates team is powered by Product Intelligence Managers who stay deeply connected not only with state unemployment agencies and departments of labor, but also with federal and state partners involved in employment verification, immigration compliance, and regulatory enforcement—including E‑Verify and related oversight entities. With extensive experience navigating the complex, fast‑moving landscape of HR, payroll, I‑9, and employment law, our authors monitor statutory and regulatory developments as they emerge or are being shaped behind the scenes.
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