E-Verify Status Change Report Update: Expanded Coverage of Invalidated EADs

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E-Verify has announced a significant expansion of its Status Change Report. The report now identifies invalidated Employment Authorization Documents (EADs, Form I-766) across five categories—not just the single category (C11, parolee) previously covered. This change affects any employer who has hired workers holding Temporary Protected Status (TPS) or asylum-based EADs and arguably creates new reverification obligations. The Status Change Report updates approximately every two weeks.

Key Takeaway: If you participate in E-Verify, you should begin monitoring the E-Verify Status Change Report for newly invalidated EADs and implement a controlled process for Form I-9 Supplement B reverification—while taking care not to engage in document abuse or discriminatory practices.

There appears to be no mechanism to provide notice of revoked EADs to employers who do not participate in E-Verify, so non-E-Verify employers should continue to monitor I-9 Central for updated information concerning categories of revoked work authorization documents. 

Affected EAD Categories

The Status Change Report now covers invalidated EADs in the following categories:

Important: DHS claims it may revoke or terminate employment authorization and invalidate EADs at any time. Employees may still physically possess an invalidated EAD that appears facially valid, because DHS does not collect previously issued documents. The Status Change Report is updated bi-weekly.

Reverification Obligations

If an employee’s EAD appears on the Status Change Report, the employer should reverify that individual’s employment authorization using Form I-9, Supplement B. The following rules apply:

• The employee should present unexpired documentation from List A or List C of the Lists of Acceptable Documents.
• Employers should not reverify identity documents (List B).
• Employers should allow employees to choose which acceptable documentation to present.
• However, employers may not accept a now-revoked EAD, even if that EAD appears unexpired.
• Do not create a new E-Verify case for this reverification.

Anti-Discrimination and Document Abuse Risks

The Immigration and Nationality Act (INA) prohibits treating individuals differently based on national origin, citizenship status, or immigration status during the Form I-9 and E-Verify processes. When reverifying employees whose EADs have been invalidated, employers should not:

• Request more or different documents than required by Form I-9 to establish employment authorization;
• Require affected employees to present the same type of document previously presented, or demand a particular document;
• Reject documents that reasonably appear genuine and relate to the person presenting them; or
• Selectively reverify only employees of certain national origins or perceived immigration statuses beyond those identified in the report.

Violations of these anti-discrimination requirements may expose employers to liability under INA §274B, enforced by the Department of Justice, Immigrant and Employee Rights Section (IER).

Recommended Employer Action Items

1. Run the Status Change Report immediately. Log in to E-Verify and generate the Status Change Report to identify any current employees with invalidated EADs in categories A12, C08, C09, C11, or C19.
2. Establish a regular monitoring cadence. Because the report is updated bi-weekly, designate a responsible person or team to review it on a recurring schedule.
3. Create a controlled reverification process. Develop a standardized workflow for Supplement B reverification that includes appropriate notice to the employee, a reasonable timeframe to present documents, and documented steps to ensure consistency.
4. Train HR staff on document abuse prohibitions. Ensure all personnel involved in the reverification process understand they cannot demand specific documents or treat employees differently based on national origin or immigration status.
5. Coordinate with your employer agent (if applicable). If a third-party agent manages your E-Verify account, confirm that the agent is monitoring the Status Change Report and promptly notifying you of any affected cases.
6. Monitor TPS updates. Continue to check the E-Verify “What’s New” page, I-9 Central, and Federal Register notices for information about TPS extensions, redesignations, or terminations that may affect your workforce.
7. Consult counsel before taking adverse action. If an employee cannot provide acceptable reverification documents, contact immigration counsel before terminating employment or taking other adverse action.

Questions?

If you have questions about how this update affects your organization, need assistance running or interpreting the Status Change Report, or require guidance on individual employee situations, please contact us.