Employers that use E-Verify as part of their Form I-9 process may be surprised to learn that the Department of Homeland Security (DHS) now expects them to regularly log into E-Verify to see whether any employees’ temporary work authorizations have been revoked. On June 20, 2025, DHS issued a notice explaining this new procedure.
Parole and Work Permits Revoked for Certain CHNV Nationals
The Trump administration has terminated the parole status (and accompanying Employment Authorization Documents (EADs)) of specific individuals as well as groups of people admitted under special programs, such as for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV). Affected individuals are notified of their change in status, but their employers are not.
E-Verify Employers Urged to Monitor Status Change Reports
To keep on top of these changes, according to DHS’s notice, E-Verify employers should “regularly” log into their accounts and run a Status Change Report, to see a list of any employees whose EADs have been revoked. If an employee’s name appears on the list, you should give them a “reasonable” period of time to provide new documentation that they are authorized to work, selecting from the I-9 List of Acceptable Documents. If the employee is able to provide new documents, you should use Supplement B of Form I-9 to verify and record the updated documentation. Otherwise, the employee is no longer authorized to work.
No Need to Question Employees About Valid EADs
For employers that don’t use E-Verify, there isn’t an easy way to learn of these changes, unless employees self-disclose. See our previous newsletter article, Q&A: What to do when the feds tell your employee to leave, for guidance on responding to such disclosures. There is no expectation for employers to proactively question employees about EADs that as far as you know are still valid; in fact, doing so could be considered document abuse or national origin discrimination. If you have questions about completing or updating I-9s, your Vigilant Law Group employment attorney can help.
