E-Verify Launches New Report on Revoked EADs

On June 20, 2025, the Department of Homeland Security (DHS) launched a new report to allow employers to identify E-Verify cases with Employment Authorization Documents (EADs) that have been revoked.

EADs allow employees to work in a broad range of occupations and industries, including healthcare, IT, and engineering.

 

EAD Revocations by DHS

 

DHS may terminate parole and revoke aliens’ EADs at any time. Employees with revoked EADs may still possess an EAD that appears valid, although their employment authorization has been revoked.

 

In late May 2025, DHS was permitted to terminate parole for Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV).

 

What Employers Need to Know

E-Verify will no longer provide case alerts for EADs that have been revoked. Instead, employers should generate the Status Change Report upon logging in to E-Verify.

The new Status Change Report allows E-Verify employers to review cases for any employees who presented an EAD for employment verification which has now been revoked by DHS.

DHS has also published EAD Revocation Guidance For E-Verify Employers regarding these changes on E-Verify’s website.

DHS Increases Flexibility for CAP-Exempt Work Placements

In its recent update to H-1B program requirements, DHS revised its regulation on H-1B CAP-exemptions for beneficiaries who are staffed at universities and certain nonprofits.

H-1B CAP exemption allows an employer to file an H-1B CAP case on behalf of an employee at any time in the fiscal year, outside of the usual annual limits on H-1Bs imposed by the H-1B CAP. H-1B CAP exemption is particularly useful for employers seeking to employ beneficiaries in the healthcare industry, where staffing needs are particularly urgent.

DHS is revising its CAP-exempt regulation to note that beneficiaries qualify for H-1B cap exemption when they spend at least half of their time providing essential work to a qualifying institution.

Previously, the regulation required a beneficiary to spend the majority of their time performing duties at a qualifying institution.

First, the revision reduces the time requirement by noting that the employee need only spend 50% of their time providing work to a qualifying institution.

Second, the revision allows for remote work, including telehealth, to count toward an employee’s time requirement for CAP-exemption, while the previous regulation required an employee’s physical presence at a qualifying institution.

In DHS’s final rule, the agency acknowledges that its CAP-exempt regulation revision may slightly expand who is eligible for the cap exemption. DHS’s intention is that the revision will increase flexibility for employers and beneficiaries, as well as better represent modern employment situations.

DEPARTMENT OF HOMELAND SECURITY PROPOSES NEW PUBLIC CHARGE RULE

The DHS has proposed a new “fair and humane” Public Charge rule meant to clarify its existing policy. The proposed rule is very similar to the current policy, but refines the forms of aid considered under the test.

Unlike the DHS’s 2019 attempt to enact a Public Charge rule intended to restrict immigration, the new proposal should not create additional hurdles for immigrants. Under the new proposal, only four specific forms of public assistance would be considered in a Public Charge determination:

• Supplemental Security Income (SSI);
• Cash assistance for income maintenance under the Temporary Assistance for Needy Families (TANF) program;
• State, Tribal, territorial, and local cash assistance for income maintenance; and
• Long-term institutionalization at government expense. 

The DHS specifically excludes from the proposed rule:

• Supplemental Nutrition Assistance Program (SNAP);
• Children’s Health Insurance Program;
• Most Medicaid benefits (except for long-term institutionalization at government expense;
• Housing benefits;
• Transportation vouchers;
• Disaster assistance received under the Stafford Act;
• Pandemic assistance;
• Benefits received via a tax credit or deduction;
• Social Security, government pensions, or other earned benefits.   

Additionally, specific categories of noncitizens would be exempted from public charge ground inadmissibility under the proposed rule, including:

• Refugees and asylees;
• TPS;
• Special immigration juveniles;
• T and U nonimmigrant;, and
• Self-petitioners under the Violence Against Women Act (VAWA).