The Status Change Report now includes invalidated Forms I-766, Employment Authorization Documents (EADs), with category C08 (asylum applicant with a pending asylum application), C09 (adjustment of status applicant under INA Section 245), A12 (granted Temporary Protected Status (TPS)) and C19 (TPS applicant). Previously, the Status Change Report included only category C11 (parolee) EADs.
The U.S. Department of Homeland Security (DHS) has the authority to invalidate C08 and C09 EADs based on the withdrawal, approval, or denial of the applicant’s Form I-485, Application to Register Permanent Residence or Adjust Status, or Form I-589, Application for Asylum and for Withholding of Removal. Additionally, DHS has the authority to invalidate A12 and C19 EADs following applicable procedures, based on the termination of the designation for Temporary Protected Status. Employers can now use this report to identify E-Verify cases related to EADs with categories A12, C08, C09, C11, and C19 that DHS has since invalidated.
We will continue to update the report data bi-weekly as new data becomes available.
What Employers Need to Know:
- This report is available to employers as a resource to identify E-Verify cases submitted with a category A12, C08, C09, C11, or C19 EAD which was later invalidated by DHS.
- DHS may exercise its authority to revoke or terminate employment authorization and invalidate aliens’ EADs at any time.
- Employees may still possess an invalidated EAD that still appears to be valid because DHS will not collect previously issued EADs.
- Employers should continue to monitor E-Verify What’s New for information about extensions or terminations of Temporary Protected Status.
If you are an employer agent, you must notify your clients of any cases with invalidated EADs. You can generate a Status Change Report for each of your clients in E-Verify.
Reverification on Form I-9:
- E‑Verify employers with an employee whose EAD is included in the Status Change Report must reverify that employee’s Form I‑9 using Supplement B.
- The employee must provide unexpired documentation from List A or List C on the Lists of Acceptable Documents. Do not reverify identity documents (List B). During this process, you must allow employees to choose which acceptable documentation to present for reverification.
- Do not create a new E‑Verify case.
The Immigration and Nationality Act (INA) prohibits you from treating individuals differently on the basis of national origin, citizenship, or immigration status in the Form I‑9 or E‑Verify processes. This includes reverifying cases on Form I‑9 with case alerts for employees whose EADs are no longer valid. You may not:
- Request that an employee produce more or different documents than are required by Form I‑9 to establish employment authorization;
- Require affected employees to show the same type of document they presented previously or require that they present a particular document; or
- Reject documents that reasonably appear to be genuine and to relate to the person presenting them.
For guidance on these cases, please visit the EAD Revocation Guidance For E-Verify Employers web page.
For more information on reverification of employees, visit the Completing Supplement B, Reverification and Rehires (formerly Section 3) page on I-9 Central.
If you need additional assistance, please send an email to e-verify@uscis.dhs.gov.