USCIS Expands SAVE Status Change Report Categories

The U.S. Citizenship and Immigration Services (USCIS) has announced an expansion of the SAVE Status Change Report to include invalidated Employment Authorization Documents across several additional categories.  E-Verify registered employers are responsible for regularly reviewing the Status Change Report to identify employees with terminated or revoked EADs. 

The SAVE Program

The Systematic Alien Verification for Entitlements (SAVE) Program is an online inter-governmental service administered by the U.S. Citizenship and Immigration Services that enables government agencies to determine the immigration status of noncitizens applying for public benefits such as a driver’s license or a Social Security Number.

The SAVE Status Change Report allows participating government agencies to identify cases where an Employment Authorization Document has been revoked by the U.S. Department of Homeland Security (DHS).  The report is updated bi-weekly.

Expansion of SAVE

Previously, the SAVE Status Change Report only included applicants with a Form I-766, Employment Authorization Document, in the C11 humanitarian parole category.  USCIS recently announced that the SAVE Status Change Report will now cast a wider net to include invalidated Employment Authorization Documents (Forms I-766), issued under the following additional categories:

• C08— Asylum applicant with a pending asylum application
• C09— Adjustment of status applicant under INA Section 245
• A12— Individuals granted Temporary Protected Status (TPS)
• C19— TPS applicant

DHS holds the authority to revoke or terminate employment authorization and invalidate EADs under specific circumstances:

1. C08 and C09 EADs may be invalidated based on the withdrawal, approval, or denial of the applicant's  Application for Asylum and for Withholding of Removal or  an Application to Register Permanent Residence or Adjust Status (green card application).
2. A12 and C19 EADs may be invalidated following applicable procedures based on the termination of a TPS designation.

It is important to note that invalidation of an EAD does not always mean that the individual has lost employment authorization.  The individual may have employment authorization pursuant to another immigration status or process.

E-Verify Employer Obligations

E-Verify registered employers are responsible for regularly reviewing E-Verify’s Status Change Report to identify employees with terminated or revoked EADs.  If a current employee appears on the Status Change Report –

• Do not automatically terminate the employee, as they may have an alternate basis for work authorization. 
• Use Form I-9, Supplement B, to immediately reverify each current employee whose EAD the Status Change Report indicated was revoked and complete all reverifications within a reasonable time.
• Do not create a new E-Verify case.
• Consult legal counsel if you encounter backdated revocation dates or ambiguous employment authorization scenarios.
• Only if the employee is unable to provide an alternative document establishing work authorization should the employer discontinue its employment of that employee.

Vorys attorneys will continue to track updates to the SAVE program and DHS terminations of employment authorization and will continue to provide updates as new information becomes available.