E-Verify Update Raises Compliance Questions for Employers

The Department of Homeland Security (DHS) has introduced a “Case Status Report” feature in E-Verify, allowing employers to identify workers whose employment authorization may have ended — especially those previously protected under programs such as Temporary Protected Status or the parole process for individuals from Cuba, Haiti, Nicaragua, and Venezuela. According to SHRM research, 68% of employers hiring foreign-born talent use E-Verify, and 91% say it helps ensure lawful employment.

DHS has begun notifying affected individuals directly, rather than their employers, which is creating confusion, as some workers still possess valid-looking work permits even though their authorization has been revoked. This creates a difficult situation for employers: Knowingly employing unauthorized workers can lead to penalties, but taking action based solely on national origin can violate anti-discrimination laws. Since notifications are not sent to employers, many of them are unaware of changes in employees’ work status unless they use E-Verify.

Under the new guidance, DHS expects E-Verify users to run Status Change Reports regularly and reverify or terminate employment within a “reasonable” time frame. However, what qualifies as “regularly” or “reasonable” has not been clearly defined.

SHRM continues to advocate for a system that empowers employers to stay compliant and adapt confidently in a shifting immigration landscape. It has formally reached out to DHS to propose a partnership aimed at improving clarity, consistency, and compliance in the workplace immigration system.