DHS Adds “Invalidated” EADs, Through Expired TPS, To E-Verify Status Change Reports

As employers have experienced staffing shortages over the last year, the Trump administration has been ending many forms of work authorization by terminating Temporary Protected Status (TPS) for the foreign nationals of numerous countries, including Haiti,¹ Venezuela,² Afghanistan, Honduras, and Syria,³ ending the parole for CHNV⁴ parolees effective May 30, 2025, and eliminating the 540-day extension for TPS-related timely filed EAD renewals.⁵

Due to the ending of work authorizations for many foreign nationals, DHS introduced a Status Change Report in mid-2025 to inform employers enrolled in E-Verify which employees had had their EADS/work authorizations revoked. DHS stated employers should review these reports to determine whose EADs had been revoked and terminate those employees unless they provided alternative work authorization. The first group affected by this status change were the CHNV parolees (category C11) in mid-2025, who at the time of revocation mainly still possessed valid EADs, which the DHS then revoked. 

On August 11, 2026, DHS expanded the Status Change Report to include “invalidated” EADs, with category C08 (asylum applicant), C09 (green card applicant), A12 (granted TPS), and C19 (TPS applicant). 

In so doing, DHS stated it has the authority to invalidate C08 and C09 EADs based on the withdrawal, approval, or denial of the applicant’s Form I-485, or Form I-589, Application for Asylum. Additionally, DHS stated it has the authority to invalidate A12 and C19 EADs based on the termination of the designation for TPS. 

DHS reminded E-Verify employers with an employee whose EAD is included in the Status Change Report, that the employee must provide unexpired documentation from List A or List C on the Lists of Acceptable Documents and the employer must reverify that employee’s Form I-9 using Supplement B.

Non-E-Verify employers are not covered by Status Change Reports, which may be a factor to consider for employers deciding whether to enroll in E-Verify, if located in a non-mandatory E-Verify state.

The expansion of Status Change Reports will have a greater impact on those industries employing more employees with EADs, which historically have been hospitality, construction, agriculture, and health care for the aging, such as nursing homes and home health care.

With these ever-changing rules, employers are reminded to consult with their immigration compliance attorney to make sure they are in compliance with immigration law.

Footnotes

1. As previously discussed in prior articles, the U.S. Supreme Court in ruling in Mullin v. Doe, No. 25-1083 (June 25, 2026), affirmed DHS's power to terminate TPS; DHS ordered the effective date of the termination of TPS Haiti to be July 27, 2026. Thereafter, on August 6, 2025, the district court dissolved the previous stay that had temporarily halted the termination of Haiti's TPS designation.

2. DHS terminated the 2023 TPS designation for Venezuela, an action the U.S. Supreme Court allowed to take effect on October 3, 2025. The separate 2021 TPS designation for Venezuela terminated on November 7, 2025. A few thousand beneficiaries of 2023 designated TPS have retained work authorization until October 2, 2026, if they received EADs or approval notices on or before February 5, 2025, with an expiration date of October 2, 2026. 

3. TPS for these countries ended on these dates – Afghanistan – 7/21/25, Honduras – 9/8/25, and Syria – 7/27/26.

4. CHNV stands for Cuba, Honduras, Nicaragua, and Venezuela. The Supreme Court ended CHNV on 5/30/25.

5. On August 5, 2026, a federal district court declined to block the government's cap of no more than one year or July 22, 2026, whichever is shorter, on TPS EADs, set forth in the One, Big, Beautiful Bill Act (HR 1).

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