In a recent communication, the U.S. Department of Homeland Security (DHS) and USCIS have reminded employers of their obligations under the E-Verify program, specifically in light of two compliance issues:
- High Usage of List B and C Documents
- Revocation of Parole-Based Employment Authorization Documents (EADs)
This guidance is critical for employers—especially those employing foreign nationals—to ensure compliance with federal law and avoid potential penalties or account termination.
1. Avoiding I-9 Documentation Discrimination
E-Verify flagged certain employers for disproportionately accepting combinations of List B and C documents rather than allowing employees to present a List A document when completing Form I-9. While all three lists are valid under law, it is essential that employees are allowed to freely choose from the Lists of Acceptable Documents without influence or direction.
Violations Include:
- Requesting specific documents instead of offering the full list.
- Failing to accept valid List A documents.
- Treating workers differently based on immigration status or national origin.
Such practices violate both your E-Verify Memorandum of Understanding and federal anti-discrimination laws under 8 U.S.C. § 1324b.
Employer Tip: Always provide the official Lists of Acceptable Documents and direct employees to I-9 Central for detailed instructions.
2. EAD Revocation and I-9 Reverification Requirements
Employers with E-Verify accounts were also notified that cases involving revoked EADs—especially those based on terminated parole programs—will now appear under “Cases with Expiring Documents” in the Case Alerts section of their E-Verify dashboard.
Although these revoked EADs may still appear valid, employers are required to complete reverification using Supplement B of Form I-9. You must obtain unexpired documents from List A or List C, but may not reverify identity documents from List B.
Important:
- Do not request additional or different documents than what’s required.
- Do not create a new E-Verify case.
- Do not discriminate based on national origin or immigration status.
Next Steps for Employers
To maintain E-Verify compliance, employers should:
- Train HR personnel on anti-discrimination laws.
- Use the USCIS Handbook for Employers (M-274) for proper I-9 and E-Verify procedures.
- Monitor and act on E-Verify Case Alerts diligently.
If your organization uses web services or third-party providers, ensure they also follow the latest DHS requirements and report expiring document cases promptly.
For questions about compliance or assistance in responding to an E-Verify audit or case alert, contact Ahluwalia Law Offices. We represent corporate employers nationwide in employment-based immigration compliance and enforcement matters.
