E-Verify Status Change Report: Now Covers TPS, Asylum, And AOS EADs

On August 11, E-Verify announced that the E-Verify Status Change Report has expanded in scope. Employers enrolled in E-Verify should be aware of the potential impact of this update. E-Verify unveiled Status Change Reports on June 20, 2025, as a tool for the Department of Homeland Security (DHS) to flag foreign nationals whose Employment Authorization Documents (EADs) had been invalidated by DHS. The report was originally designed “for certain aliens whose parole has been terminated” with the agency’s focus on “groups, such as aliens paroled through the Processes for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV).” In other words, the only category identified by the Status Change Report was C11 (parolee).

E-Verify Status Change Report Expansion

The current Administration, bolstered by the Supreme Court’s decision in Mullin v. Doe, has ended the Temporary Protected Status (TPS) designations for several countries. As the Administration is also focused on overall I-9 compliance, the Report has also been expanded to include other EAD categories. 

The Administration’s Status Change Report has been expanded to now include category C08 (asylum applicant with a pending asylum application), C09 (adjustment of status applicant under INA Section 245), A12 (granted TPS) and C19 (TPS applicant). E-Verify will continue to update the report data bi-weekly as new data becomes available.

What This Means for You

Previously, the E-Verify Status Change Report only identified parolee EADs that were invalidated. Moving forward, Status Change Reports will now identify employees with asylum or TPS-related EADs that have been invalidated. 

Importantly, the new Status Change Report will now also identify EADs based on a pending Adjustment of Status (AOS) application that have been invalidated. The government explained that AOS EADs are now included as DHS has the “authority to invalidate C09 EADs based on the withdrawal, approval, or denial of the applicant’s Form I-485 Application to Register Permanent Residence or Adjust Status.” Therefore, if a C09 EAD appears on the Report, it could potentially indicate that the AOS has been approved and the employee now has permanent resident status (commonly known as a green card), rather than just highlighting a possible loss of work authorization. Of course, like employees in other EAD categories, an employee who presented a C09 EAD could also have separate underlying status that provides work authorization.

DHS’s stated intention with the expansion of the Status Change Report is to provide employers with a “resource to identify E-Verify cases submitted with a category A12, C08, C09, C11, or C19 EAD which was later invalidated by DHS.” The notice also provides that E-Verify employer agents must notify their clients of any cases with invalidated EADs. 

Accordingly, DHS may well argue that the Status Change Report provides employers with constructive knowledge¹ of any employees without work authorization.²

At the same time, the flag is not an automatic instruction to terminate. Employers should work through the following steps before taking any HR action.

1. Review employee’s Form I-9 and identify the document(s) used to establish work authorization. If the employee relied on a document other than a flagged EAD, or holds a separate basis for authorization, the employee’s appearance on the Status Change Report might not mean they are not work-authorized.
2. For A12 and C19 TPS EADs, confirm the current status of the relevant country’s termination before treating the document as invalid. Some countries’ TPS designations remain subject to litigation, and an invalidation flag may not resolve those questions on its own.
3. If reverification is warranted, use Form I-9, Supplement B, and give the employee a programmatically consistent opportunity to present alternative evidence of continuing work authorization.

Working through these steps in a consistent, documented way reduces compliance risk while ensuring that an employee’s appearance on the Status Change Report does not turn into an unnecessary reduction in workforce.

Footnotes

1 Federal regulations define knowledge to include not only actual knowledge but also constructive knowledge, meaning knowledge that may fairly be inferred through notice of facts and circumstances that would lead a reasonable person, exercising reasonable care, to know of a condition. See 8 CFR § 274a.1(l)(1).

2 Continuing to employ someone with actual or constructive knowledge that their work authorization has lapsed exposes the employer to liability under INA § 274A for knowingly employing an unauthorized worker.