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New Updates to E-Verify’s Status Change Report Require Employer Attention

New Updates to E-Verify’s Status Change Report Require Employer Attention

U.S. Citizenship and Immigration Services (USCIS) recently published additional frequently asked questions (FAQs) regarding the E-Verify Status Change Report and Employment Authorization Document (EAD) revocations. Employers are responsible for manually pulling this and need to add calendar  reminders every two weeks to get updates to the EAD revocation page. These new changes place additional ongoing responsibilities for employers to monitor and act on this information promptly.   

Employer Actions: Pull the Status Change Report every two weeks. 

Pulling Status Change Reports 

To ensure compliance, employers should do the following to pull the reports: 

  1. Log into their E-Verify account  
  2. Click on “Reports”  
  3. Select “Status Change Report” 
  4. Download the report locally for record keeping 
  5. Review any new EADs that need re-verifying  
  6. Repeat this process approximately every two weeks.   

EADs that have been revoked will no longer appear in Case Alerts, so if you don’t generate new Status Change Reports periodically to capture these notifications, you could be noncompliant.  

When USCIS created the new Status Change Report, some employers thought it would also track revoked Visas, EADs that expire naturally, and Temporary Protected Status EADs that lose validity when that protection is eliminated for a particular country, but those are not reflected in the Status Change Report. At present, it’s limited to EAD revocations. 

Employers must follow up on all case alerts in the Status Change Report in E-Verify and re-verify each current employee on Form I-9 whose EAD was revoked.  Employers must use Form I-9 Supplement B to re-verify. Follow these steps to reverify: 

  1. The employee must provide unexpired documentation from List A or List C. 
  2. Do not reverify identity documents (List B) 
  3. Employers must allow employees to choose which acceptable documentation they present but employers should NOT accept a now-revoked EAD, even if it appears unexpired.   
  4. Employers cannot continue to employ a person who does not provide proof of current employment authorization. 

We strongly encourage employers to read the full list of updated FAQs here. 

Frequently Asked Questions 

  1. What is the Status Change Report? 
    The Status Change Report is a document that informs employers when an employee’s Employment Authorization Document needs to be re-verified. 

    USCIS is pushing out updates to the Status Change Report approximately every two weeks, and now employers will need to set calendar reminders to check the EAD revocation page in a timely manner.  
  2. What Happens If the EAD Card Number Used for the E-Verify Case Matches the Revoked Document Number in the Status Change Report? 
    The employer must reverify, even if the employee claims that their EAD is still valid.  There has been an increase in employees who are pushing back or questioning the need for reverification because the employee’s card appears facially unexpired, but if the EAD Card Number appears in the Status Change Report, the employer must reverify.  
  3. What If My Employee is from Cuba, Haiti, Nicaragua, or Venezuela (CHNV), and Doesn’t Appear in the Status Change Report?  Do I Re-Verify Them? 
    No. Employers should only reverify employees who appear in the E-Verify Status Change Report because employees from those countries may have been granted parole outside the terminated CHNV program, and their EAD may still be valid.  Follow the report.  
  4. Has USCIS Enabled Employers to Remove Former Employees from the Status Change Report? 
    Unfortunately, no. But if the employee no longer works for the employer, there is no requirement to reverify. 
  5. If My Company is Switching E-Verify Agents, Should I Obtain a Status Change Report from the Current Agent Before Switching? 
    Yes. An employer agent will not see data about cases for which they no longer are responsible. The employer should request a Status Change Report from the current employer agent before account termination to identify any employees who may have presented a now-revoked EAD during the Form I-9 process.  

If you have additional questions about the EAD Revocation Guidance, or the Status Change Report, please contact us. 

Alissa Horvitz

Alissa Horvitz is a member attorney at Roffman Horvitz, PLC, a firm with decades of experience assisting government contractors and other employers with human resources compliance and employment data analytics. Horvitz received her J.D. from The George Washington University Law School. 

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