How Should Employers Respond to Notices of CHNV EAD Terminations?

Impact of CHNV Parole Program Termination: What Employers Need to Know About Employee Work Authorization

On June 12, 2025, the U.S. Department of Homeland Security (DHS) began issuing Notices of Termination to employers of CHNV Parole Program beneficiaries. These notices provide employers with actual knowledge that certain workers no longer have valid employment authorization.

Background: What are CHNV Paroles and Why are They Being Terminated?

The CHNV Parole Program was a categorical parole program implemented by the Biden administration in 2023 to allow certain nationals of Cuba, Haiti, Nicaragua and Venezuela to be paroled into the U.S. for a two-year period for humanitarian reasons. According to U.S. Customs & Border Protection, by November 2024, approximately 532,000 individuals were paroled into the U.S. under the program.

In March 2025, pursuant to an executive order signed by President Trump on January 2025, DHS published a notice in the Federal Register terminating CHNV paroles.

As noted in a United State Citizenship and Immigration Services (USCIS) litigation update on its website, DHS’ termination of the CHNV Parole Program was enjoined in federal district court in April 2025, and that injunction was overturned by the U.S. Supreme Court in May 2025.

How Might Employers Become Aware That an Employee’s Employment Authorization Document (EAD) is No Longer Valid?

In June 2025, DHS began issuing notices to CHNV parole recipients that their parole grant as well as their employment authorization had been terminated, and urging them to self-deport. These notices are being sent out on a rolling basis, so not all individuals will receive them at the same time.

In addition, DHS began notifying E-Verify employers of their employees’ parole and employment authorization terminations through newly created Status Change Reports in the E-Verify portal. The DHS guidance on these reports places the burden on employers to regularly run reports in the E-Verify system so that they are aware of all employees whose employment authorization has been revoked.

Not all employers are enrolled in the voluntary E-Verify program, however, and those who are not will not receive direct notices from DHS that employees’ paroles and employment authorization have been terminated. In such cases, unless the employer would have no way of knowing whether a particular employee’s employment authorization has ended unless the employee informs them proactively that they are no longer authorized to work.

What Should Employers Do if They Know an Employee’s Employment Authorization Has Been Revoked?

The Immigration Reform and Control Act of 1986 (IRCA) made it unlawful for a U.S. employer knowingly to employ an individual whom it has actual or constructive knowledge is not legally authorized to work in the U.S. Employers who are placed on notice, either by DHS through E-Verify or directly by an employee, that an employee no longer has employment authorization, the employer is required to take action.

The E-Verify website has been updated with advice indicating that employers should re-verify the I-9 Form, using Supplement B, for each employee whose EAD was revoked within a “reasonable amount of time,” allowing employees to provide any new suitable List A or List C Acceptable Document(s)— not including the now-revoked EAD card. Employers are required to terminate the employment of any individuals who lack an alternative form of employment authorization.

DHS has also issued EAD Revocation Guidance for E-Verify employers, noting that a new E-Verify case should not be created for employees whose employment authorization has been revoked; only their I-9 Forms should be re-verified.

Additional Assistance

For more information, please contact a member of our Immigration Practice Team or the Phillips Lytle attorney with whom you have a relationship.