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New DHS Developments Affecting Employment Eligibility

The Department of Homeland Security (DHS) recently announced that Temporary Protected Status (TPS) for Honduras and Nicaragua will end on September 8, 2025, following a similar announcement for Haiti, whose TPS designation will end on September 2, 2025. For both Honduras and Nicaragua, DHS has confirmed an automatic 60-day extension of employment authorization following the termination date. Employers should ensure they understand the timing of these transitions and are prepared to reverify documentation accordingly, using Form I-9, Supplement B.

Additionally, DHS has sent a proposed rule to the Office of Management and Budget (OMB) concerning the H-1B lottery process. Although the rule has not yet been published, it is expected to move away from the current random selection model and instead favor petitions based on wage levels or prevailing wage data. If finalized, the process would likely prioritize higher-paying positions. After OMB review and public comment, DHS will issue a final rule with an effective date.

Separately, DHS has begun revoking Employment Authorization Documents (EADs) for individuals whose parole into the US has been terminated, including those paroled under programs such as CHNV (Cubans, Haitians, Nicaraguans, and Venezuelans). EADs previously accepted for employment verification may no longer be valid, even if they appear unexpired.

To help employers identify affected employees, E-Verify has launched a new “Status Change Report.” This report replaces previous Case Status Alerts and provides case numbers, A-numbers, and EAD revocation dates. Employers can generate the report from the “Reports” tab in E-Verify and download it as a CSV file. Employer agents can generate reports on behalf of their clients and must protect any personally identifiable information (PII) contained in the report.

If a current employee is identified in the report, employers must reverify using Form I-9, Supplement B. The employee must present unexpired documentation from List A or List C. Employers may not reverify List B documents and must not accept a revoked EAD even if it still appears valid. A new E-Verify case should not be created. If the employee already presented a valid List A or C document in a recent reverification, no further action is needed. All reverifications must be completed within a reasonable timeframe.

Employers are encouraged to regularly check the E-Verify Status Change Report, follow Form I-9 guidance carefully, and stay up to date on policy developments related to TPS and H-1B programs. Additional guidance is available on the EAD Revocation Guidance for E-Verify Employers page, as well as the I-9 Central resource for completing Supplement B.

In addition to these specific updates, employers should be aware that immigration policies and enforcement continue to evolve. Staying informed about changes to work authorization programs and maintaining strong compliance practices will help organizations manage potential risks and adapt to future developments.

Compliance Perspective

Issue

DHS is terminating parole and revoking EADs for certain individuals, including those paroled under specific programs such as CHNV. In response, E-Verify has released a new Status Change Report that identifies previously accepted EADs that have since been revoked. Separately, DHS has announced the upcoming termination of Temporary Protected Status (TPS) for several countries, with automatic extensions of work authorization during designated transition periods. DHS has also submitted a proposed rule that may significantly alter the H-1B selection process to favor higher wage levels. These developments have implications for workforce eligibility verification, compliance with Form I-9 requirements, and organizational risk management.

Discussion Points

  • Review and update policies related to employment authorization, E-Verify participation, and Form I-9 reverification. Ensure procedures include guidance on reviewing the Status Change Report, documenting timely reverification, and responding to TPS-related changes in employment eligibility. Monitor upcoming regulatory changes, such as the proposed H-1B rule, and prepare to adjust hiring practices as needed.
  • Provide training to staff responsible for onboarding, E-Verify use, and I-9 completion. Ensure they understand how to access and interpret the Status Change Report, conduct reverification using Supplement B, and manage cases involving revoked EADs or expiring TPS designations.
  • Conduct periodic audits of E-Verify case records and Form I-9 files to confirm that any revoked EADs or TPS expirations have been identified and addressed. Ensure documentation supports compliance with reverification requirements.

*This news alert has been prepared by Med-Net Concepts, Inc. for informational purposes only and is not intended to provide legal advice.*