The Department of Homeland Security (DHS) is now directing employers enrolled in E-Verify to take a more active role in monitoring employee work authorization. Rather than waiting for system alerts, companies are encouraged to run “status change reports” to identify if any current workers may have had their employment authorization revoked.
Why the Change?
This shift follows a recent Supreme Court decision that allows DHS to end parole and Temporary Protected Status (TPS) for certain groups, particularly those who arrived under the 2023 Cuba, Haiti, Nicaragua, and Venezuela (CHNV) parole program.
Although DHS is notifying individuals directly, it will no longer issue automatic alerts to employers. Instead, businesses using E-Verify must now take the initiative to confirm their employees’ continued eligibility to work.
Some affected individuals may have pending asylum, TPS, or green card applications, which could still authorize them to work in the U.S.
What Employers Need to Do
DHS recommends the following actions:
Generate a status change report in E-Verify.
Review any flagged employees: – If the employee has a different valid work permit, update Form I-9 using Supplement B. – If not, assess whether they are still authorized to work.
Employers not currently enrolled in E-Verify should review their workforce records and consult legal counsel to identify any risks.
⚠️ Note: These checks must be applied uniformly. Do not single out employees based on nationality or background.
What This Means for Workers
If you entered the U.S. under the CHNV parole program, you may receive a notice from DHS about changes to your work eligibility. If your work permit is no longer valid but you’ve applied for another immigration status, you may still be authorized to work.
Stay in contact with your employer, check your USCIS account, and update your documents if necessary.
With this change, DHS places more of the monitoring burden on employers. Staying proactive and informed can help both businesses and employees remain compliant and avoid legal issues.
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Our federal immigration attorney Seth Finberg handles H-1B, EB-1, EB-2 NIW, O-1, EB-5, E-2, and removal defense cases nationwide.
