E-Verify Expansion Raises Form I-9 Penalty Risk for Employers

Employers participating in E-Verify can use an expanded report to identify current employees who may require Form I-9 reverification.

The Department of Homeland Security recently expanded the E-Verify Status Change Report to include invalidated employment authorization documents (EADs) in the following categories:

• A12 – Temporary Protected Status beneficiaries
• C19 – TPS applicants
• C08 – asylum applicants
• C09 – adjustment-of-status applicants, and
• C11 – parolees.

Previously, the report covered only EADs in the C11 parolee category.

DHS updates the report biweekly. When a current employee appears in the report, employers should compare the report’s Revoked Document Number with the EAD number used for the employee’s Form I-9 and E-Verify case. If the document numbers match, the employer must immediately begin reverifying the employee’s work authorization using Form I‑9, Supplement B, and complete the process within a reasonable timeframe. Don’t create a new E-Verify case for reverification.

An employer that knowingly continues to employ individuals not authorized to work in the U.S. may face penalties under the Immigration and Nationality Act. Follow the Form I-9 reverification process and avoid taking adverse action before completing the required review.

The expanded report adds another reason to stay on top of Form I-9 requirements. ICE revised its Form I-9 inspection guidance in March 2026, reclassifying more than 10 categories of errors previously treated as technical or procedural violations as substantive violations. Technical or procedural violations generally carry at least a 10-business-day correction period after ICE identifies them; substantive violations may trigger immediate monetary penalties. For Form I-9 paperwork violations, the penalty range is $288 to $2,861 per violation, effective Jan. 2, 2025.

More info: USCIS I‑9 Central Announcement