EAD Revocation Guidance For E-Verify Employers

E-Verify may have notified you via Case Alerts that one or more of your employees has an Employment Authorization Document (EAD) that has been revoked by DHS.  EADs that have been revoked will no longer appear in Case Alerts; instead, you should regularly generate the Status Change Report to identify E-Verify cases that may have been created with an EAD that is now revoked.  To access the report, log in to your E-Verify account and click on the “Reports” tab at the top of the homepage to select the new Status Change Report.  E-Verify Employer Agents may create this report on behalf of their clients using the E-Verify browser. The chart below displays date ranges of EADs that were revoked by DHS with the corresponding date that the data in the Status Change Report was updated. 

If you have a current employee who appears on the Status Change Report, you should compare your employee’s EAD card number presented for Form I-9 which was used to create the E-Verify case to the revoked document number in the report to determine if you must reverify your employee’s employment authorization. If the numbers match, reverification is required. E-Verify employers must use Form I-9, Supplement B, to immediately begin reverifying each current employee whose EAD the Status Change Report indicated was revoked, or if your employee voluntarily discloses to you that their EAD has been revoked, and complete all reverifications within a reasonable amount of time.

If you have already recently reverified an individual listed on the report, and the employee presented any List A or C document that shows he or she continues to have employment authorization, and that document was not the EAD which E-Verify indicated was revoked, then do not reverify the employee again until the date employment authorization expires.

The Status Change Report is intended to help employers determine if the EAD they used to create any E-Verify cases has been revoked. Employers who find that any of those EADs were revoked must reverify their employees whose revoked EAD was used to create their E-Verify case. The report does not replace an employer’s legal requirement to verify employment eligibility for their employees in accordance with the Form I-9 process.

What Employers Need to Know:

• DHS recently sent direct notifications to certain individuals who were paroled into the United States to terminate their parole and revoke their EADs.
• DHS may exercise its authority to terminate parole or other humanitarian programs and revoke aliens’ EADs.
• Employers should generate the Status Change Report to determine if any of their current employees’ EADs have been revoked.
• Employees with revoked EADs may still possess an EAD that appears valid and unexpired, although their employment authorization has been revoked. Employers who are reverifying current employees must not accept the now-revoked EAD if the Card Number appears in the Status Change Report, and employers who create E-Verify cases for new hires may see EADs which appear valid and unexpired, but result in an E-Verify nonconfirmation.
• Do not create a new E-Verify case when reverifying.
   

What You Should Do:

You must follow-up on all case alerts and cases in the Status Change Report in E-Verify and reverify each current employee on Form I-9 whose EAD was revoked. Your employee may still be employment authorized based on another status or provision of law and may provide other acceptable Form I-9 documentation to demonstrate employment authorization.

Reverification on Form I-9:

• Do not create a new E-Verify case.
• Use Form I-9, Supplement B, to immediately begin reverifying each current employee whose EAD was revoked based on the Status Change Report, and complete all reverifications within a reasonable amount of time. See I-9 Central for more information on completing Form I-9 Supplement B.
• The employee must provide unexpired documentation from List A or List C of the Lists of Acceptable Documents. Do not reverify identity documents (List B). Do not reverify the employee’s identity. During this process, you must allow employees to choose which acceptable documentation to present for reverification. Do not accept a now-revoked EAD, based on the Status Change Report, even if that EAD appears unexpired. You cannot continue employing a person who does not provide proof of current employment authorization.

For more information on reverification of employees, visit uscis.gov/i-9-central and search for reverification.