E-Verify's Latest Update: Navigating Parole-Based EAD Risks

On August 26, 2025, E-Verify released a new set of Frequently Asked Questions (FAQs) and expanded guidance on the revocation of Employment Authorization Documents (EADs) issued under humanitarian parole programs.

E-Verify's new FAQs can be found here.

A Quick Recap: What's Changed Since July

As previously reported, the Department of Homeland Security (DHS) began revoking EADs for individuals whose parole had been terminated, most notably those paroled under the CHNV processes (Cuba, Haiti, Nicaragua, and Venezuela). Initially, employers relied on Case Alerts to identify affected employees. That system has now been retired in favor of the Status Change Report, which provides more detailed, actionable data including revocation dates, case numbers, and A numbers.

August Update: New FAQs and Clarifications

The August 26^th update adds a layer of clarity for employers still grappling with reverification obligations. The newly published FAQs address:

• How to interpret the Status Change Report
• When and how to reverify using Supplement B
• What to do if an employee's EAD appears valid but is listed as revoked
• How to handle reverification without violating anti-discrimination laws

Employers are reminded that even if an EAD appears valid on its face, it must not be accepted if it is listed in the Status Change Report. Instead, employees must be reverified and present alternative, unexpired documentation from List A or List C of the Form I-9's Lists of Acceptable Documents.

EAD Revocation Timeline

USCIS Instructs on What Employers Need to Know

1. Direct Notifications from DHS: DHS sent notifications to noncitizens who were paroled into the United States that DHS was terminating their parole and intended to revoke their parole-based EADs.
2. Monitor E-Verify Reports Regularly: The Status Change Report is updated frequently with E-Verify stating that it will be updated approximately every two weeks. Employers should check it routinely to stay compliant.
3. Revoked EADs: Employees whose EADs have been revoked may still possess documents that appear facially valid and unexpired. However, if the Card Number is listed in the E-Verify Status Change Report, employers must not accept the document during reverification. Similarly, when creating E-Verify cases for new hires, employers may encounter EADs that look valid but trigger a Tentative Nonconfirmation (TNC) due to the underlying revocation of employment authorization.
4. Use Supplement B of Form I-9: Do not complete a new I-9 or create a new E-Verify case when reverifying.
5. Stay informed: Check here for the full list of employer FAQ regarding parole-based revocations.

Interestingly, E-Verify also provided guidance to Employers Agents regarding companies that are no longer their customers.

Your Next Steps

E-Verify employers must act on all alerts and entries in the E-Verify Status Change Report by reverifying any current employee whose EAD has been revoked. While the revoked EAD cannot be accepted, the employee may still be authorized to work under a different status and can present other valid documentation to demonstrate continued employment eligibility.

What About Non–E-Verify Employers? A Critical Gap in Guidance

While E-Verify employers have received detailed instructions, including access to the Status Change Report and updated FAQs, non–E-Verify employers remain in the dark. DHS has not issued any formal guidance to employers who do not participate in E-Verify, leaving a significant compliance gap.

This lack of instruction is particularly concerning because:

• There is no centralized mechanism for non–E-Verify employers to identify employees whose parole-based EADs have been revoked.
• The government does not currently track where these individuals are employed if their employers are not enrolled in E-Verify.
• No proactive alerts or reporting tools have been made available to help non–E-Verify employers meet their reverification obligations.

This creates a two-tiered system of compliance. E-Verify employers are expected to act swiftly based on DHS data. Non–E-Verify employers are left without tools or guidance, increasing the risk of inadvertent violations or discriminatory practices.

Until DHS provides clear instructions, non–E-Verify employers should:

• Closely monitor any communications from employees regarding humanitarian parole status changes.
• Consult legal counsel before taking any action related to reverification.
• Avoid making assumptions about work authorization based solely on nationality or humanitarian parole status to remain compliant with anti-discrimination laws.

Non-E-Verify employers face added risk during Immigration and Customs Enforcement (ICE) audits. Without access to the Status Change Report, they may unknowingly retain employees with revoked EADs who now lack work authorization. While we believe it will be difficult for ICE to impose penalties without proof of knowledge, we are watching this area carefully.

Legal counsel should be consulted on how to move forward as well as ensure compliance with Form I-9 and E-Verify requirements. For more information contact your Seyfarth relationship attorney or Dawn Lurie directly. The Seyfarth Immigration Compliance & Enforcement specialty group–recognized as national leaders in the field—is trusted by top Fortune 100 companies as well as small businesses across the country for strategic, practical advice. The group offers comprehensive guidance on Form I-9 and E-Verify compliance, ICE inspections, and worksite enforcement actions, internal immigration assessments, I-9 audits, DOL immigration-related wage and hour investigations, general H-1B compliance, and DOJ-IER anti-discrimination matters, including foreign sponsorship and export control/ITAR issues.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.