For HR teams, work authorization compliance has traditionally followed a predictable rhythm. Complete Form I-9 at hire, reverify when required, and respond if the government sends a notice. That operating model has now shifted.
Under the updated Department of Homeland Security E-Verify monitoring requirements, employers enrolled in E-Verify are expected to actively monitor work authorization using E-Verify tools, rather than waiting for government-led alerts. This changes who initiates action, when it happens, and how HR teams manage compliance risk on an ongoing basis.
This article explains what has changed, why the Department of Homeland Security made this shift, and how HR teams should respond in a way that is compliant, consistent, and non-discriminatory.
What Has Changed in the Department of Homeland Security Guidance on Work Authorization Monitoring
The core change is simple but significant. Monitoring is now employer-initiated.
In the past, many employers relied on:
- Direct notifications from the government
- Document expiration dates
- Periodic internal audits
Under the updated guidance from the Department of Homeland Security, employers are expected to proactively review E-Verify status change reports and take follow-up action where required.
To put this into context, consider an employee whose Employment Authorization Document shows a valid expiration date six months in the future. Under earlier practice, HR might reasonably assume no action was needed.
Under the Department of Homeland Security E-Verify monitoring requirements, that assumption is no longer safe if E-Verify reflects that the underlying authorization has been revoked.
Monitoring is now a continuing employer responsibility, not a government-triggered event.
Why Employers Are Being Asked to Use E-Verify Status Change Reports
The Department of Homeland Security has acknowledged a critical compliance gap: physical work authorization documents may continue to appear valid even after authorization has ended.
E-Verify status change reports are intended to identify situations where:
- Parole-based work authorization has been terminated
- Temporary Protected Status–linked authorization has ended
- Policy changes affect authorization without altering document appearance
For example, an employee may still present an Employment Authorization Document that appears valid, but their parole-based authorization may have been revoked following a broader policy change. Without reviewing E-Verify status change reports, an employer may have no visibility into that change.
For HR teams, these reports provide information that paper documents alone cannot.
How HR Teams Should Respond to an E-Verify Status Change Report
An E-Verify status change report is not a termination notice. It is a signal that additional review is required.
A compliant response should follow a structured process:
- Confirm the employee’s identity and employment record
- Review what the report actually indicates
- Initiate reverification using Form I-9 Supplement B, when legally required
- Allow the employee to present any valid documentation permitted under Form I-9 rules
For instance, an employee flagged in a report may still be authorized to work because they filed for asylum, adjusted status, or obtained a different form of employment authorization after the original status ended. HR’s role is to verify eligibility, not to assume ineligibility.
The same process should be applied consistently to all employees identified through monitoring.
Avoiding Discrimination and I-9 Compliance Pitfalls
Active monitoring increases compliance responsibility, but it also raises discrimination risk if handled incorrectly.
HR teams should be careful to avoid:
- Reviewing only employees from certain countries or backgrounds
- Demanding specific documents instead of allowing employee choice
- Taking action before reverification is complete
For example, placing an employee on unpaid leave immediately after a status change report appears, without giving them the opportunity to present updated authorization, can expose the employer to discrimination claims even when the intent is compliance.
Uniform application of procedures is essential.
What Affected Employees Should Know About Their Work Authorization
Being flagged in an E-Verify status change report does not automatically mean an employee is unauthorized to work.
Many employees remain eligible through:
- Pending asylum applications
- Temporary Protected Status extensions or redesignations
- Adjustment of status or permanent residence filings
Clear communication from HR is critical. Employees should understand that reverification is required due to Department of Homeland Security E-Verify monitoring requirements, not because HR believes they have violated any rules.
Handled carefully, this approach reduces anxiety and helps preserve trust.
Key Compliance Takeaways for HR Going Forward
The updated guidance reflects a broader shift toward employer-led compliance monitoring.
HR teams should internalize several practical points:
- Active E-Verify monitoring is now an expected obligation
- Document appearance alone is no longer a reliable indicator
- Reverification must strictly follow Form I-9 requirements
- Consistency and documentation are critical for defensibility
Some employers are responding by building scheduled E-Verify review checkpoints into their compliance calendars, ensuring issues are identified early rather than during an audit.
Disclaimer: Content in this publication is not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult a WayLit-affiliated attorney or another qualified professional.
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