The Department of Homeland Security has expanded the E-Verify Status Change Report to include more categories of Employment Authorization Documents, a change that could affect workers with pending asylum applications, adjustment of status cases, and certain parole-based work permits.
According to DHS, the report now includes invalidated Forms I-766, commonly known as Employment Authorization Documents or work permits, under categories C08, C09, A12, and C19. Previously, the Status Change Report included only category C11, which generally applies to certain parolees.
The update means employers enrolled in E-Verify can now use the report to identify cases where an employee used a work permit that DHS later invalidated.
The newly added categories cover several major immigration groups. Category C08 applies to asylum applicants with pending asylum applications. Category C09 applies to people seeking adjustment of status under INA Section 245, often while applying for lawful permanent residence. Category A12 applies to people granted Temporary Protected Status, while Category C19 applies to TPS applicants.
DHS says it has the authority to invalidate C08 and C09 work permits when an applicant’s Form I-589 asylum application or Form I-485 adjustment of status application is withdrawn, approved, or denied. The agency also says it has the authority to invalidate A12 and C19 work permits following applicable procedures when a TPS designation is terminated.
The update is especially significant for immigrant communities closely watching changes to TPS and other humanitarian protections. Many workers may still physically possess a work permit that appears valid on its face, but DHS says the document may no longer be valid if the agency has invalidated it in its system.
DHS said the Status Change Report will continue to be updated every two weeks as new data becomes available.
For employers, the change creates a clear compliance responsibility. If an employee’s work permit appears in the Status Change Report, E-Verify employers must reverify that employee’s employment authorization using Supplement B of Form I-9. DHS specifically says employers should not create a new E-Verify case for that employee.
During reverification, the employee must be allowed to present unexpired documentation from List A or List C of the Form I-9 acceptable documents list. Employers should not reverify identity documents from List B, because the process concerns employment authorization, not identity.
DHS also warns employers not to discriminate during the reverification process.
Under the Immigration and Nationality Act, employers cannot treat workers differently because of national origin, citizenship, or immigration status. They cannot ask for more documents than required, demand a specific type of document, require the same document previously provided, or reject documents that reasonably appear genuine and relate to the employee presenting them.
The agency also says employer agents must notify their clients if any of their E-Verify cases involve invalidated work permits. Employer agents can generate a separate Status Change Report for each client.
For affected workers, the update is a reminder that a work permit’s printed expiration date may not be the only factor determining whether employment authorization remains valid. DHS says a person may still have the physical card because the government does not collect previously issued EADs after they are invalidated.
DHS is directing employers to its EAD revocation guidance for E-Verify employers and to I-9 Central for more information on reverification procedures. The agency also says employers needing additional assistance may contact E-Verify by email.
For immigrant workers, the safest step is to check their immigration status, review any notices received from USCIS or DHS, and seek advice from a qualified immigration attorney or accredited legal representative before problems arise at work.
https://ctninfo.com/dhs-expands-e-ve…ted-work-permits/
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