DHS to Employers: Monitor E-Verify Employee Authorization Documents Yourselves
Author: Robert S. Teachout, Brightmine Legal Editor
July 1, 2025
The US Department of Homeland Security (DHS) has announced that E-Verify will no longer provide case alerts to employers for Employee Authorization Documents (EADs) that have been revoked for current employees. Instead, DHS says, employers should use a new E-Verify feature themselves to regularly generate a status change report of their employees' EADs.
The change comes in the wake of the Trump administration's termination of humanitarian parole and temporary protected status (TPS) for several groups of individuals, including beneficiaries of the program for Cubans, Haitians, Nicaraguans and Venezuelans (better known as "CHNV"). For example, DHS began sending termination notices to foreign nationals paroled into the US under the CHNV program on June 12, and the information became available in the status change report on June 20.
Immigrants hired under these parole and TPS programs are at risk of losing their work permits and legal status. Despite the revocation of their work authorization, though, some individuals' EAD cards may still appear valid, leading to confusion and liability for employers.
The new tool allows employers to generate status change reports, which indicate when EADs are revoked for current employees. If an employee appears on the list, an employer must use Form I-9, Supplement B, to immediately begin reverifying each affected employee within "a reasonable amount of time." If an employee cannot provide alternative proof of legal work authorization, the employer is expected to terminate their employment.
Chris L. Thomas, a partner with Holland and Hart, advised that - given the current "enforcement-heavy environment" - prudent employers should regularly check employment records to determine which employees may have been affected by the loss of employment authorization. "In the eyes of DHS," Thomas said, "employers have a duty to monitor their workforces."
As a result of these changes, E-Verify users now effectively have an affirmative obligation to run and review the Status Change Report regularly. Failing to do may be seen by DHS as knowingly employing individuals who are not authorized to work. Fines can be significant, ranging from $716 to $5,724 per employee for a first offence.