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a new report to allow employers to identify E-Verify cases with Employment Authorization Documents (EADs) that have been revoked.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 Employees with revoked EADs may still possess an EAD that appears valid, although their employment authorization has been revoked.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E-Verify will no longer provide case alerts for EADs that have been revoked.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E-Verify employers to review cases for any employees who presented an EAD for employment verification which has now been revoked by DHS.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.

What to Know About the Alien Registration Requirement

In late March, USCIS launched an informational webpage on the Alien Registration Requirement. USCIS began its enforcement of the Alien Registration Act on April 11, 2025.

Most noncitizens in the United States are already considered registered under U.S. immigration law. Noncitizens considered “registered” include, but are not limited to:

• Green Card holders
• Individuals who were issued Form I-94 (paper or electronic) even if the period of admission has expired (including individuals on student status, H-1B status, or in the US on a tourist visa)
• Individuals who entered the US on a nonimmigrant or immigrant visa
• Individuals working in the US on an Employment Authorization Document (EAD)

Most healthcare workers, including physicians, registered nurses, physical therapists, and medical technologists, are eligible for legal entry to the US and work authorization based on at least one of the documents above.

It’s also important to understand what the law requires next—especially when it comes to carrying proof of that registration.

What You Must Carry

Noncitizens aged 14 and older are required by the Registration Act to carry one of the documents above, or proof of submission of Form G-325R, at all times.

Noncitizens Nearing their 14^th Birthday

Once a noncitizen turns 14 and has been in the U.S. for 30 days or more, they must register by submitting Form G-325R via https://my.uscis.gov/ and carry proof of registration. Parents and guardians should speak with their immigration attorney to ensure that children meet this requirement within 30 days of their 14^th birthday.

Why It’s Important

Carrying your registration proof can help avoid unnecessary issues during interactions with government agencies, travel, or legal processes. Staying informed and prepared helps protect your rights and keep your stay in the U.S. on track.

For more information or for questions on your case, speak with a qualified immigration attorney.

AUTOMATIC EXTENSION OF CERTAIN EADs INCREASES TO 540 DAYS

USCIS has announced a temporary final rule increasing the automatic extension period for certain employment authorization documents (EADs) from 180 days to 540 days.

The rule applies to eligible workers with pending renewal applications filed on or after October 27, 2023, and to those who file renewal applications between April 8, 2024, and September 30, 2025.

Eligible workers include, but are not limited to:

• E-1/2/3 spouses (A17);
• L-1 spouses (A18);
• Certain H-1B spouses; and
• Workers with pending Adjustment of Status applications (C9).

A full list of the eligible categories may be found on the USCIS website here.

The temporary final rule follows a previous measure from 2022 that increased the EAD automatic extension period for workers with renewal applications filed before October 27, 2023.

USCIS estimates the temporary final rule will benefit 800,000 workers and 60,000 to 80,000 employers by preventing prevent lapses in work authorization.

From now until June 7, 2024, USCIS invites comments from the public on whether the automatic extension period for EADs should be permanently increased to 540 days or whether a different solution should be implemented.

MU Law encourages workers with pending EAD renewal applications to contact their MU immigration attorney to determine if they qualify for the automatic 540 EAD extension.

Please refer to the USCIS press release for further details. Comments may be submitted on the Federal Register until June 7, 2024.

USCIS IS ISSUING FIVE-YEAR ADVANCE PAROLE TO INDIVIDUALS WHO ARE ELIGIBLE FOR FIVE-YEAR EADS

USCIS has started issuing advance parole (AP) documents with a five year validity period to applicants who are eligible for five year employment authorization documents (EADs).  USCIS recently announced that certain initial and renewal EADs, including those filed by I-485 adjustment of status (green card) applicants, can now be approved for a maximum validity period of five years.

The five year AP have been issued both combined on the EAD card and as a separate AP document.  The extended validity period for AP will reduce the number of times that applicants need to file form I-131 while waiting for the green card to be issued.

USCIS INCREASES EMPLOYMENT AUTHORIZATION VALIDITY PERIOD FOR CERTAIN CATEGORIES

 The USCIS updated its policy manual, regarding employment authorization documents (EADs), on September 27, 2023. The USCIS has increased the maximum validity period for EADs issued in many categories.

USCIS updated the maximum validity period for initial and renewed EADs to five years for the following categories: pending employment-based applications for adjustment of status (green card), refugees, granted asylum, granted withholding of deportation or removal, pending application for asylum or withholding of removal, and pending application for suspension of deportation or cancellation of removal.

USCIS updated the maximum validity period for initial and renewed EADs from one year to the end date of the authorized parole period, not to exceed 5 years, for those paroled as refugees.

USCIS also updated its policy manual to clarify that the Form I-94 can be used as both evidence of status and employment authorization incident to status for the following: Asylees, spouses of US citizens or children of such spouses (K-3 and K-4), victims of severe forms of trafficking in persons (T-1), spouses of E nonimmigrants (E-1S, E-2S, E-3S) with limited exceptions, spouses of L nonimmigrants (L-2S), and victims of qualifying criminal activity (U-1) and certain qualifying family members (U-2, U-3, U-4, and U-5).

This guidance is effective immediately and applies to EAD applications pending or filed on or after September 27, 2023.

AUTOMATIC 540-DAY EXTENSION OF CERTAIN EAD RENEWALS TO EXPIRE ON OCTOBER 26TH

The Temporary Final Rule (TFR) which USCIS issued on May 4, 2022 allowing for certain EAD renewals to qualify for an automatic extension of employment authorization of up to 540 days is set to expire on October 26, 2023.

Under current USCIS regulations, individuals who file a renewal application for their EAD qualify for an automatic extension of employment authorization of 180-days past their EAD expiration if the following requirements are met:

• A Form I-765 was properly filed to renew the current EAD prior to the expiration of the EAD;
• The renewal application is for a category eligible for automatic extension. For a list of all eligible EAD categories please refer to USCIS’s website.
• The category of the EAD matches the status indicated on the Receipt Notice of the pending I-765 renewal application.
• The Form I-765 has not been denied. Denial of the renewal application terminates the employment authorization provided by the automatic extension.

The TFR has provided a temporary benefit to individuals who meet the above requirements, expanding the automatic extension period for qualifying applicants whose Form I-765 is received on or before October 26, 2023.

Under the TFR, any qualifying renewal application filed on or before October 26, 2023, will gain the full benefit of the 540-day extension. Even applications received on October 26, 2023, will be provided with an additional 540-days of employment authorization beyond their EAD expiration.

From October 27, 2023, onward, any qualifying EAD renewals received by USCIS will be granted the typical 180-day extension.

USCIS GUIDANCE: EMPLOYMENT AUTHORIZATION DOCUMENTS BASED ON COMPELLING CIRCUMSTANCES

USCIS has issued a policy alert and has updated its policy manual to provide additional guidance on the compelling circumstances that may warrant the issuance of certain Employment Authorization Documents (EADs).

Under the current regulation, USCIS may, in its discretion, issue EADs to certain I-140 beneficiaries who, at the time of filing Form I-765: (1) hold E-3, H-1B, H-1B1, O-1, or L-1 nonimmigrant status; (2) have an I-140 priority date that is not current according to the visa bulletin; and (3) can demonstrate compelling circumstances that justify the issuance of employment authorization.

An individual with a valid compelling circumstances-based EAD is considered by USCIS to be in a period of authorized stay, and therefore will not accrue unlawful presence.

In its updated policy manual, USCIS provides a non-exhaustive list of situations that could lead to a finding that compelling circumstances exist, including:

• serious illness and disability,
• employer dispute or retaliation,
• other substantial harm to the applicant, or
• significant disruption to the employer.

The updated policy manual also provides guidance on evidence an applicant could submit to demonstrate compelling circumstances such as:

• school or higher education enrollment records,
• mortgage records, or
• long-term lease records

Finally, USCIS confirms in its policy manual that a compelling circumstances-based EAD will be granted for a validity period of up to 1 year, with the possibility of subsequent renewal(s).

USCIS ANNOUNCES INCREASES AUTOMATIC EXTENSION PERIOD FOR CERTAIN EADS

Beginning May 4, 2022, the USCIS’s automatic extension period for certain EAD categories will temporarily increase from 180 days to up to 540 days.

This is a welcomed change in policy as many EAD extension petitions currently take more than 180 days to be adjudicated. Under the previous policy, an EAD holder was forced to stop working if the extension petition was not approved within the 180 days automatic extension period. Increasing the automatic extension period to up to 540 days will provide relief to many EAD holders and help prevent gaps in employment.

The automatic extension only applies to certain categories of EAD holders who timely file an extension petition before the expiration of their previous EAD. This includes H4 EAD holders with a valid I-94 and green card applicants. A full list of qualifying categories can be found on USCIS’s website.

Unfortunately, OPT-based EADs and applicants changing the category their EAD is authorized under are not eligible for the automatic extension.

The increased automatic extension period will end on October 26, 2023.

USCIS POLICY ALERT: DOCUMENTATION OF EMPLOYMENT AUTHORIZATION OF CERTAIN E AND L SPOUSES

On March 18, 2022, USCIS issued a Policy Alert, and updated its Policy Manual accordingly, to apprise certain spouses of E and L nonimmigrants how the USCIS plans to verify their employment authorization.

As of November 12, 2021, USCIS has indicated that certain E-1, E-2, E-3 and L-2 nonimmigrant dependent spouses will be granted employment authorization incident to status.  

In its updated Policy Alert on the issue, USCIS indicates that:

• As of January 30, 2022, USCIS and U.S. Customs and Border Protection (CBP) began issuing Forms I-94 with the following new Class of Admission (COA) codes for certain E and L spouses: E-1S, E-2S, E-3S, and L-2S.
• An unexpired Form I-94 reflecting one of these new codes is acceptable as evidence of employment authorization for spouses under List C of Form I-9.
• For E and L spouses with Forms I-94 issued by USCIS prior to January 30, 2022 (with notations E-1, E-2, E-3, E-3D, E-3R, or L-2), USCIS will mail a notice regarding the new COA codes that, together with an unexpired Form I-94 reflecting E-1, E-2, E-3 E-3D, E-3R, or L-2 nonimmigrant status, may serve as evidence of employment authorization under List C of Form I-9.
• USCIS intends to begin mailing notices on or about April 1, 2022.

EXPEDITED PROCESSING AVAILABLE FOR HEALTHCARE WORKERS

USCIS has issued guidance that, effective immediately, healthcare workers who have a pending Employment Authorization Document (EAD) renewal application (Form I-765) can request expedited processing of the application if:

• The healthcare worker’s current EAD will expire in 30 days or less; or

• The healthcare worker’s current EAD has already expired.

Qualifying healthcare workers include, but are not limited to:

• Laboratory personnel performing critical research and testing for COVID-19 or other diseases;

• Healthcare providers providing direct patient care.

• Workers required for effective clinical, command, infrastructure, support service, administrative, security, and intelligence operations.

• Workers needed to support transportation, laundry services, food services, reprocessing of medical equipment and waste management.

• Workers who cannot work remotely that manage health plans, billing, health information, and cybersecurity functions.

• Workers providing security, incident management, and emergency operations at or on behalf of healthcare entities.

• Pharmacy staff.

• Home health workers.

For a full list of qualifying healthcare workers, see this DHS advisory memorandum (“Healthcare / Public Health” section, pages 7-9).

An individual requesting expedited processing should be prepared to provide evidence of their profession or current employment as a healthcare worker. Without sufficient evidence, USCIS may not grant the expedite request.

Should you have any questions or require additional information on this process please reach out to your designed MU attorney.

USCIS Policy Alert: Employment Authorization of Certain E, L, and H Spouses

USCIS has issued a Policy Alert, and has updated its Policy Manual accordingly, to explain how its recent settlement in Shergill, et al. v. Mayorkas will be applied in practice for the spouses of E, L, and H nonimmigrants. USCIS will automatically extend EADs for E, L, and H spouses, and within 120 days of USCIS’s policy alert, grant E and L spouses employment authorization incident to status. USCIS expressed its hope that eliminating the requirement of filing Form I-765 for E and L spouses will help reduce USCIS’s adjudication backlogs.

Automatic Extensions of EADs for E, L, and H spouses

Beginning November 12, 2021, the EADs of E, L, and H spouses will be automatically extended for a period of up to 180 days if:

• The spouse properly filed an Application for Employment Authorization (Form I-765) for a renewal of their E, L, or H spouse-based EAD before the current EAD expired; and

• The spouse has an unexpired Form I-94 indicating valid E, L, or H dependent status.

Duration

Automatic extension of E, L, and H spouses’ EADs will terminate automatically on the earliest of:

• The end of the validity period of the nonimmigrant status, as shown on the Form I-94;

•  The approval or denial of the Form I-765 application to renew the EAD; or

•  180 days from the date of the expiration of the previous EAD.

E and L Spouses Authorized for Employment Incident to Status

With a new notation on Form I-94, to be implemented within 120 days of USCIS’s Policy Alert, E and L spouses will be authorized to work automatically if the spouse maintains valid E or L status. The new I-94 notation will (1) differentiate an E or L spouse’s status from that of a child; and (2) authorize the E or L spouse to work.

USCIS has rescinded its previous 2002 policy that required E and L spouses to apply for Employment Authorization using Form I-765 and receive a valid Employment Authorization Document (EAD) card in order to work. However, a Form I-765 may still be filed by E and L spouses if they wish to receive an EAD.

Once CBP implements its I-94 notation of spouse status, a valid E or L spouse I-94 will be sufficient proof of work authorization.

SETTLEMENT PROVIDES RELIEF FOR NONIMMIGRANT SPOUSES SEEKING EAD RENEWALS

The United States Citizenship and Immigration Services (USCIS) has entered into a settlement which provides beneficial changes to work authorization for H-4 and L-2 spouses. USCIS will issue a formal policy guidance to implement the following two changes.

First, USCIS will now recognize that certain H-4 holders who timely file their EAD renewal applications will qualify for an automatic extension of their EAD while waiting for the adjudication of their renewal application. This automatic renewal will last for up to 180 days after the expiration of the EAD. However, the automatic extension will not exceed the end date of the individuals H-4 status noticed on the Form I-94, and will also end once USCIS issues an approval or denial on the renewal application.

Second, L-2 spouses will be employment authorized incident to status, or in other words, as a condition of the L-2, the spouse will be employment authorized without a separate application. USCIS will work in cooperation with CBP (Customs and Border Patrol) to change the Form I-94 so that L-2 spouses can use the document for Form I-9 purposes.

As stated above, USCIS will be issuing formal guidance further detailing when and how these changes will be implemented. As always, MU will provide further updates as they become available.

USCIS Extends Flexibilities to Certain Applicants Filing Form I-765 for OPT and STEM OPT

Pursuant to a court order, USCIS has extended flexibilities for certain foreign students affected by delayed receipt notices issued for Form I-765, Application for Employment Authorization. These flexibilities apply only to those applications filed on or after Oct. 1, 2020, through Oct. 31, 2021, inclusive.

As acknowledged by USCIS, filers of I-765 EAD applications for OPT and STEM OPT extensions have experienced significant delays in the issuance of receipt notices. In an attempt to assist certain applicants impacted by the delays, USCIS first enacted flexibilities for certain applicants filing form I-765 for OPT on February 26, 2021, which applied to cases received through May 1, 2021. However, those flexibilities were extended by court order on July 23, 2021, and now apply to cases received through October 31, 2021.

Until October 31, 2021, USCIS will allow for the following flexibilities:

Guaranteed Processing of Form I-765 OPT/STEM OPT applications in 120 days

• USCIS will process all applications for OPT and STEM OPT within 120 days of receipt. Processing means that the application will be approved, denied or an RFE will be issued within 120 days.

Grant of post-completion OPT EAD validity period

• USCIS will grant a full 12 months of post-completion OPT irrespective of the requirement that OPT be completed within 14 months of graduation.
• USCIS will grant OPT for the full period originally recommended by the DSO on Form I-20, irrespective of the time of adjudication.

Retroactive correction of OPT EADs already issued

• Upon eligible applicants’ request, USCIS will issue a CORRECTED EAD for any post-completion OPT EAD application received between Oct. 1, 2020, through Oct. 31, 2021, inclusive, that was issued with a validity period that was less than the DSO’s recommended validity period.

 Acceptance of previously-rejected OPT/STEM OPT applications

• USCIS will accept re-filed I-765 applications for OPT/STEM OPT that were originally filed on time between October 1, 2020 and October 31, 2021 and later rejected.
• Resubmitted applications must be received prior to November 30, 2021.
• Resubmitted applications will be processed as if received on the original date (i.e. the full period of OPT will be granted, but the original I-20 will be accepted without the requirement of a new I-20).

o   If the case was rejected for missing or deficient signature(s), a             request for Evidence will be issued instead of a denial. 

Acceptance of Form I-765 post-completion OPT applications 120 days before completion of program

• From July 23, 2021 until October 31, 2021, USCIS will accept I-765 post-completion OPT applications submitted up to 120 days (instead of 90) before completion of the respective program.

USCIS to Issue Employment Authorization Documents (EAD) Valid for 2 Years for Certain Green Card Applicants

The USCIS has released updated policy guidance stating that it will grant EADs valid for 2 years to certain green card applicants including those applying based on an approved Form I-130 (family-based green card) or Form I-140 (employment-based green card).   

Both initial and renewal EAD applications will be eligible for the 2-year validity period. However, replacement EADs will not be issued for 2-year validity period but will rather be issued with the same validity dates as the original EAD that is being replaced.

The USCIS has historically issued EADs that are valid for a 1-year period to green card applicants. While there is generally no fee for a filing an EAD application for green card applicants, almost 370,000 green card related EAD applications were filed with the USCIS in fiscal year 2020. It is hoped that by issuing EADs valid for 2 years instead of 1 year, the USCIS will be able to redistribute limited resources to alleviate current processing backlogs.