July 10, 2025
Employers Beware: E-Verify No Longer Flags Revoked Work Authorization Automatically Think your E-Verify alerts have you covered? Think again. New U.S. Citizenship and Immigration Services (“USCIS”) guidance quietly shifts the burden onto employers to catch revoked work authorizations. As of June 23, 2025, E-Verify will no longer issue automatic Case Alerts when an employee’s Employment Authorization Document (“EAD”) is revoked due to the termination of Temporary Protected Status (“TPS”), humanitarian parole or similar programs. Instead, employers are now responsible for regularly generating and reviewing “Status Change Reports” to monitor for employees whose work authorization has been revoked. According to USCIS guidance, the first such report, available as of June 20, 2025, covers revocations that occurred between April 9 and June 13, 2025. If an employee appears on a Status Change Report or voluntarily discloses that their EAD has been revoked, employers must reverify their work authorization using Form I-9, Supplement B. A new E-Verify case should not be created. Affected employees may still be authorized to work in the U.S. under a different lawful status and can present alternate documentation to satisfy the reverification requirement. Reverification must occur within a “reasonable” period; however, since USCIS has not defined this term, employers are strongly advised to act promptly to avoid compliance issues. The full text of USCIS’ EAD Revocation Guidance is available here. To stay ahead of these changes, employers should update their internal processes immediately to include the routine generation and review of Status Change Reports. The Employment Law Team at Shulman Rogers can assist you in updating your policies, conducting internal audits and guiding you through these changes to ensure compliance and mitigate risks to your company. Please feel free to contact our Team for guidance. |
MORE INFORMATIONThe contents of this Alert are for informational purposes only and do not constitute legal advice. If you have any questions about this Alert, please contact the Shulman Rogers attorney with whom you regularly work or a member of the Shulman Rogers Employment and Labor Law Group. To receive Employment Law Alerts and other timely news and information from Shulman Rogers, please click HERE to subscribe. |
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