USCISJDSupra Immigration · 3 min read
US Tightening Green Card Rules 2026: E-Verify Now Flags Invalidated EADs for EB-3 Adjustment Applicants
USCIS expanded the E-Verify Status Change Report to include adjustment of status applicants (C09), TPS holders, and asylum seekers, requiring employers to reverify workers whose EADs are invalidated — directly impacting EB-3 applicants awaiting green cards.
USCIS has significantly expanded the E-Verify Status Change Report to cover a broader range of Employment Authorization Document (EAD) categories. Previously limited to Humanitarian Parolees under Category Code C11, the report now includes Temporary Protected Status beneficiaries (A12 and C19), asylum applicants (C08), and critically, adjustment of status applicants under Category Code C09 — a category that directly encompasses EB-3 workers who have filed an I-485 and are waiting for their green card.
The practical implication for EB-3 applicants is significant. DHS retains the authority to revoke or terminate employment authorization and invalidate EADs at any time without physically collecting the document. This means an EB-3 applicant's EAD may appear facially valid to both the employee and employer, yet be invalid in the government's system. E-Verify employers will now receive direct notification of such invalidations through the expanded Status Change Report.
Employers who identify an affected employee must reverify by completing Supplement B of Form I-9. Employees must be allowed to present any unexpired List A or List C document of their choosing, and employers must not create a new E-Verify case during this process. Critically, reverification must be applied consistently and in a nondiscriminatory manner to avoid violating the anti-discrimination provisions of the Immigration and Nationality Act.
One unresolved issue is that USCIS has not specified how much time employers must give employees to present alternative documentation after appearing on the report. Employers are advised to establish a clear, uniform, and documented timeframe and to review escalation and termination protocols in advance. Organizations with large populations of adjustment-of-status applicants — including those sponsoring EB-3 workers — should update their I-9 compliance programs, reverification workflows, and staff training immediately.
For employers not enrolled in E-Verify, this development further widens the compliance gap. Without access to the Status Change Report, non-E-Verify employers receive no direct notification when an employee's EAD is invalidated, leaving them with limited visibility and potentially greater legal exposure as enforcement activity increases in 2026.