Employment / 1 min read
Since taking office in January 2025, the Trump Administration has aggressively worked to terminate employment authorization for nationals of multiple countries. Most notably, the Cuban, Haitian, Nicaraguan, and Venezuelan ("CHNV") Parole Program from the Biden era was terminated after the Supreme Court ruled for the Trump Administration on May 30, 2025. Similarly, the administration terminated several Temporary Protected Status ("TPS") programs, including Haiti, Venezuela, and Nicaragua. This temporary protected status has allowed nationals from these countries to maintain the authority to work in the U.S. Rather than allow the TPS programs to expire at the end of each program's previously approved term, the Trump Administration has terminated some TPS programs in the middle of the approved term. Thus, any employment authorization associated with an employee's participation in the program was revoked as of the termination date of the program. Employers, however, generally do not receive notice that TPS authorization was terminated for individual employees.
Effective June 20, 2025, an employer's E-Verify account began to generate a Status Change Report. The Status Change Report includes a list of employees who have had their Employment Authorization Document ("EAD") revoked because of the termination of one of the programs above. An employer is required to act based on the Status Change Report. The Status Change Report includes the document number for the revoked document. Employers must initially compare that document number to the number of the document used for employment verification. If the employee used a different document to establish employment authorization, no further action is required, and the employee can continue employment until the termination date associated with that document. If the revoked EAD was used to establish employment authorization, the employer cannot immediately terminate employment. Rather, the employer is required to reverify employment eligibility. Reverification must be completed without using the revoked EAD.
Those employers without E-Verify are also obligated to monitor and act on employment authorization status changes. Since those employers do not receive any notice, it can be difficult to stay compliant with the latest updates. It is unclear how DHS will handle such matters when a non-E-Verify employer continues to employ employees after their TPS program has been revoked. The employment section at Andrews Myers is familiar with these employment authorization issues.