Handling New Terminations of Employment Authorization: E-Verify’s Status Change Report

Marina S. Grabchuk | Julie Solis-Alvarado | Mariah L. Sukalski

July 28, 2025 | Immigration | Labor and Employment | Press Release

In March of 2025, The Department of Homeland Security (DHS) began terminating parole and work authorizations for Cuba, Haiti, Nicaragua, and Venezuela (CHNV) and Temporary Protected Status (TPS) affecting individuals who have been legally living and working in the U.S. As of September 30, 2024, nearly 1.1 million individuals from sixteen countries held TPS. Litigation is ongoing regarding the DHS-issued changes.

In June 2025, the federal government began notifying E-Verify employers of these changes through a new “Status Change Report,” accompanied by guidance on handling revocations of Employment Authorization Documents (EADs). These notifications are intended to help employers identify workers who may no longer be legally authorized to work, but they also introduce substantial compliance questions and legal exposure.

Ongoing litigation regarding these changes have added complexity to an already nuanced process. Multiple cases challenging elements of the executive order have resulted in temporary stays—legal holds that pause enforcement of certain regulations pending court decisions, creating whiplash in internal compliance protocols. Employers should stay informed by subscribing to updates from USCIS, DOL, and trusted legal counsel to track policy changes and litigation outcomes to ensure compliance.

Understanding Employer Liability: Actual vs. Constructive Knowledge

Federal regulations hold employers accountable not only for knowingly hiring unauthorized workers (actual knowledge), but also for situations in which they should have known (constructive knowledge).

New Compliance Obligations for E-Verify Employers

Employers enrolled in E-Verify are receiving notifications that certain employees’ EADs, especially those under categories C11 (CHNV), A12, or C19 (TPS), may have been revoked. Although the June 20, 2025, email from DHS contains ambiguous language and lacks concrete timelines, it directs employers to begin reverifying affected employees using Form I-9, Supplement B, and to complete all reverifications “within a reasonable amount of time.”  DHS guidance doesn’t define what constitutes a “reasonable amount of time,” but ICE guidance suggests 10–120 days depending on circumstances.

For those who utilize E-Verify and receive such notices, DHS is likely to argue that these communications place employers on notice, triggering constructive knowledge.

Employers NOT enrolled in E-Verify face a different challenge: they will not receive notifications notifying them of employees who are potentially subject to status change. Consequently, these employers may not even be aware that some employees have lost work authorization, making compliance significantly more difficult. For these employers, internal audits and proactive Form I-9 reviews may be the only viable path to minimize risk.

Best Practices for Compliance and Risk Mitigation

To navigate this shifting terrain, employers should immediately establish protocols for handling the Status Change Report and reverification process including:

  • Regularly reviewing the Status Change Report in a manner consistent with the size and needs of the organization (e.g., daily, weekly, or monthly).
  • Reverifying employees who are listed on the Status Change Report whose original EAD presented during the I-9 process may correspond with one of the revoked categories (C11, A12, C19).
  • Securing all personally identifiable information (PII) from E-Verify reports to prevent violations of federal or state privacy laws.
  • Avoiding discriminatory practices by ensuring that reverification procedures are applied uniformly and fairly (allowing the employee reasonable time to comply).
  • Documenting all actions taken, including dates of review, communications with employees, and decisions made regarding continued employment.

Employers should not create new E-Verify cases in response to the Status Change Report unless explicitly required to do so, and they must avoid prematurely terminating employees without allowing a fair opportunity to present updated documents.

Moving Forward

Those using E-Verify are now operating in an environment where the government may argue that even ambiguous communications provide enough notice to impose legal obligations. Employers not participating in E-Verify must consider the risks of lacking timely information and take steps to prepare through internal reviews and policy updates.

In either case, contacting experienced immigration and employment counsel is highly advisable. By staying informed and implementing structured compliance strategies, employers can reduce the risk of penalties and protect both their business and their workforce.

Concerned with how these policy changes and pending litigation could potentially affect you or your business?

Belin attorneys are here to answer all immigration and compliance questions. Our attorneys can assist with audits, trainings, and preparation for the above compliance expectations. 

Save the Date: Employment-Based Immigration and Workplace Compliance Under Trump 2.0 | Thursday, August 28, 2025 at 1:00 pm CT - contact Stephanie at sanderson@belinmccormick.com for more information.

Learn More: Read about our Immigration Law department and contact an attorney here.

 

Article researched and written with the assistance of Belin Paralegal Intern, Esha Bolar and Summer Associate, Alyssa Medin.