DHS provides info on re-verifying employees whose EADs are revoked

Constangy, Brooks, Smith & Prophete, LLP
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Constangy, Brooks, Smith & Prophete, LLP

As we have previously reported, the U.S. Department of Homeland Security is revoking employment authorization documents for certain individuals affected by the termination of humanitarian parole, including beneficiaries of the program for Cubans, Haitians, Nicaraguans, and Venezuelans (better known as “CHNV”). On Friday, E-Verify sent an email update with guidance regarding steps that employers must take.

Rather than wait for E-Verify to send a case alert, employers must do the following as soon as possible:

  • Log in to E-Verify regularly to generate a Status Change Report.
  • If the Status Change Report indicates that the EADs were revoked for current employees, immediately begin re-verifying each employee using Form I-9, Supplement B, and complete all re-verifications within “a reasonable amount of time.”
  • Employers are directed not to create a new E-Verify case for any affected employee, but only to use Form I-9, Supplement B, for re-verification purposes.

A “reasonable amount of time” is not defined and may vary depending on the circumstances, including the number of employees who require re-verification.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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