The Department of Homeland Security (DHS) recently sent termination notices to individuals who were admitted to the U.S under the parole program for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV). These notices indicate that their parole status and parole-based employment authorization is revoked as of the date of the notice.
DHS has also announced that a new report is available through E-Verify to help identify if any E-Verify cases were created with an Employment Authorization Document (EAD) that has been revoked. Employers who utilize the services of an employer agent (such as ADP®) to process E-Verify cases must contact the agent to obtain this report. Review the “Next Steps” section below for instructions. ADP is in the process of assessing the possibility of providing clients with direct access to this report data in the future.
The Details
Background
· The CHNV parole program was launched in 2023.
· On March 25, 2025, DHS terminated all CHNV paroles, effective April 24, 2025. DHS then sent CHNV parolees individual notices of the parole termination and the revocation of any EADs.
· A lawsuit challenging this DHS action was filed and on April 14, 2025, a federal district court issued an order temporarily blocking the April 24, 2025 termination of parole and related employment authorization for beneficiaries of the CHNV parole program. The government appealed to the Supreme Court.
· On May 30, 2025, the U.S. Supreme Court lifted the district court order mentioned above. The Supreme Court decision allows DHS to continue with CHNV parole termination while litigation challenging DHS action continues.
· With this Supreme Court decision, DHS is now terminating parole granted under the CHNV parole program and revoking any related employment authorization.
EAD Revocation Guidance For E-Verify Employers
DHS has indicated that the new Status Change Report allows E-Verify employers to review their aggregated case data for any employees who presented an EAD for employment verification which has now been revoked by DHS. The report contains the document revocation date, case number, and A-number for each affected case. The data in this report will be regularly updated as DHS revokes EADs. DHS has not provided any additional information regarding the update cadence.
E-Verify employers must use Form I-9, Supplement B, to immediately begin reverifying each current employee whose EAD the Status Change Report indicated was revoked, or after the employee voluntarily discloses that their EAD has been revoked, and complete all reverifications within a reasonable amount of time.
DHS further indicates that the employee must provide unexpired documentation from List A or List C of the Lists of Acceptable Documents. Employers should not reverify identity documents (List B). During this process, employers must allow employees to choose which acceptable documentation to present for reverification. Employers may not accept a now-revoked EAD, based on the Status Change Report, even if that EAD appears unexpired.
Finally, DHS reminds employers that the Immigration and Nationality Act prohibits treating individuals differently on the basis of national origin, citizenship, or immigration status in the Form I-9 or E-Verify processes. This includes reverifying cases on Form I-9 for employees whose EAD was revoked. Employers may not:
- Request that an employee produce more or different documents than are required by Form I-9 to establish their employment authorization;
- Require affected employees to show the same type of document they presented previously or require that someone present a particular document; or
- Reject documents that reasonably appear to be genuine and relate to the person presenting them.
EAD Revocation Guidance for Employers Not Using E-Verify
Employers that have kept copies of Form I-9 Section Two documents can determine if an employee may be part of the CHNV program if the employee has an EAD with the category C11 and is from one of the CHNV countries.
Note, however, that not all EADs with category C11 were issued as part of the CHNV program. An employee could have a C11 EAD and not have been impacted by the CHNV cancellation. Employers should consult with counsel to determine if such employees are impacted by the CHNV program termination.
Next Steps
· To request the E-Verify Status Change report: please reach out to your Service team and provide your Company Name and your Company ID number associated with your E-Verify Memorandum of Understanding (MOU) credentials.
· Employees included in the E-Verify Status Change Report must be given the opportunity to present current employment authorization. Employers should promptly complete Supplement B to reverify employees.
· To complete Supplement B in ADP, please review these steps on how to initiate a Supplement B form “On Demand”:
1. Log into your ADP system and navigate to HR -> Form I-9
2. Select the employee from the Employee drop-down menu
3. Click the Reverification & Rehires (Section 3) tab
a. If Section 3 (Supplement B) is already completed, click ‘Create new Section 3 record’
4. Complete Section 3 (Supplement B) and save
o Please do not attempt to create a new E-Verify case for any impacted employee.
· If an employee included in the E-Verify Status Change Report does not have any documentation showing current employment authorization, then employment should be terminated. Employers should consult with counsel prior to taking such action, particularly if current employment authorization is unclear.
· Employers needing further assistance determining if a specific employee is impacted by the CHNV program termination and other potential employment authorization pathways should discuss these issues with counsel.
· ADP will continue to monitor developments related to the CHNV program litigation and will communicate any updates.