U.S. Immigration Alerts

FGI UPDATES: THIS WEEK’S SUMMARY OF US IMMIGRATION NEWS

DHS Expands E-Verify Status Change Report and Substantive I-9 Violations

The Department of Homeland Security (DHS) has expanded the E-Verify Status Change Report and strengthened the consequences associated with substantive Form I-9 violations. The changes give employers additional information about certain employment-authorization status changes while reinforcing the importance of maintaining accurate Form I-9 records and responding appropriately when employment-eligibility issues are identified.

Key Points

• Expanded Status Change Reporting: DHS has expanded the E-Verify Status Change Report to provide employers with additional information concerning certain changes affecting an employee’s employment authorization. The expanded report is intended to give employers greater visibility into employment-eligibility developments after an employee has been initially verified. 
• Employment Authorization Changes: The expanded reporting includes certain information involving Temporary Protected Status (TPS) and asylum-related employment authorization. Employers should pay attention to these updates because an employee’s work authorization may change after the original Form I-9 and E-Verify process has been completed. 
• Form I-9 Compliance: The changes reinforce that employers must maintain accurate and properly completed Forms I-9 throughout the employment relationship. Employers should ensure that information identified through E-Verify or related government notifications is appropriately evaluated and addressed. 
• Substantive Violations: DHS is also emphasizing substantive Form I-9 violations, which can expose employers to enforcement consequences. Employers should not treat technical or substantive deficiencies as minor administrative issues because certain violations can result in penalties.

What Employers Need to Know

• Monitor E-Verify Reports: Employers enrolled in E-Verify should regularly review available Status Change Reports and understand what the information means for affected employees. 
• Review TPS and Asylum-Related Cases: Employers with workers whose employment authorization is connected to TPS or asylum should pay particular attention to status-related information appearing through E-Verify. These cases can involve changes in authorization that require timely employer review and appropriate Form I-9 action. 
• Correct I-9 Problems: Employers should maintain procedures for identifying and correcting Form I-9 deficiencies while following applicable correction requirements. A systematic compliance process can reduce the risk that substantive violations remain unresolved or become more significant during an inspection or audit. 
• Prepare for Enforcement: Employers should treat E-Verify information and Form I-9 compliance as interconnected components of their immigration-compliance program. Regular internal reviews can help identify problems before they are discovered through a government inspection or enforcement action.

Looking Ahead

• Greater Government Visibility: The expanded Status Change Report may give DHS greater ability to identify and communicate changes affecting an employee’s employment authorization. Employers should expect employment-eligibility monitoring to become increasingly important after the initial hiring and verification process. 
• Increased Compliance Pressure: The emphasis on substantive I-9 violations signals continued government attention to employer compliance with employment-verification requirements. Employers may face greater exposure when significant Form I-9 deficiencies are identified. 
• Stronger Internal Controls: Employers may benefit from incorporating E-Verify status-change monitoring into their broader Form I-9 compliance procedures. This is particularly important for employers with large workforces or significant numbers of employees whose authorization depends on temporary immigration programs.

DHS’s expanded E-Verify Status Change Report and increased focus on substantive Form I-9 violations reinforce the need for employers to actively manage employment-verification compliance rather than treating Form I-9 and E-Verify as one-time hiring requirements. Employers should monitor relevant status-change information, particularly for employees with TPS- or asylum-related employment authorization and maintain procedures for identifying and correcting Form I-9 deficiencies. As DHS continues to increase visibility into employment authorization, employers should expect continued emphasis on accurate records and timely compliance.

EB-5: USCIS Issues Medical Examination RFEs Following Case Transfers

U.S. Citizenship and Immigration Services (USCIS) has recently transferred a large number of pending EB-5-based Form I-485 adjustment of status cases from the California Service Center (CSC) to the Texas Service Center (TSC), and some applicants have subsequently received Requests for Evidence (RFEs) requesting new Form I-693 medical examinations. The RFEs have generally provided only 30 days to respond, and some have requested updated medical examinations even when the previously submitted examination was less than two years old, creating additional costs and time pressures for EB-5 investors and their families.

Key Points

• Case Transfers: Over the past two weeks, USCIS has transferred a large volume of pending EB-5-based Form I-485 applications from the CSC to the TSC. The transfers are significant for EB-5 applicants because the CSC previously handled all Form I-485 applications in this category. 
• Medical Examination RFEs: Following the transfers, some EB-5 applicants have received RFEs requesting Form I-693 medical examinations. USCIS requires adjustment applicants to undergo medical examinations with designated civil surgeons to confirm required health screenings and vaccinations. 
• Two-Year Validity: Since 2023, USCIS has generally limited the validity of a Form I-693 to two years from the date the civil surgeon signs the form. Some recent RFEs, however, have requested new examinations even when fewer than two years have passed since the original examination was completed and submitted. 
• Short RFE Deadlines: Many of the medical RFEs reportedly provide only 30 days to respond, compared with the more typical 87-day response period. This shortened deadline can make it difficult for applicants and their families to schedule a civil surgeon appointment, obtain required vaccinations or testing, and submit the requested evidence.

What Employers Need to Know

• EB-5 Employee Cases: Employers involved with EB-5 investors or employees should be aware that a pending adjustment application may receive additional evidentiary scrutiny after a USCIS service-center transfer. The need to respond to a medical RFE can affect the timing of the applicant’s final green card adjudication. 
• Monitor USCIS Notices: EB-5 investors with pending Form I-485 applications should closely monitor USCIS transfer notices, RFEs, and other correspondence. Assuming that a previously submitted medical examination will automatically be accepted could create a significant risk if USCIS specifically requests an updated Form I-693. 
• Act Quickly: Applicants who receive a medical RFE should consider scheduling a civil surgeon appointment as soon as possible. Families should also begin gathering supporting documentation, including evidence of required or updated vaccinations, because each family member must have a separately completed Form I-693. 
• Plan for Additional Costs: Medical examinations can create additional costs and administrative burdens, particularly for families whose applications are filed together. Additional testing or vaccinations ordered by the civil surgeon may further increase the time and expense required to respond.

Looking Ahead

• Continued RFE Activity: The recent RFEs may signal increased scrutiny of medical documentation in pending adjustment cases following USCIS service-center transfers. It remains unclear whether the requests for replacement medical examinations will become a broader pattern affecting additional EB-5 cases. 
• Stricter Evidentiary Review: The medical RFE activity comes after USCIS issued August 2026 policy guidance emphasizing stricter evidentiary review and greater officer discretion to deny deficient filings without first issuing an RFE or Notice of Intent to Deny. The guidance also confirms USCIS’s ability to establish response deadlines shorter than the maximum period otherwise permitted by regulation. 
• Greater Importance of Case Monitoring: Applicants should not assume that a previously submitted document will satisfy USCIS simply because it was accepted earlier in the process. Active monitoring of case transfers and USCIS correspondence will become increasingly important as cases move between service centers and undergo additional review. 
• Final-Stage Green Card Risk: Failure to respond promptly to a medical RFE could jeopardize an adjustment application at the final stage of the green card process. EB-5 investors should therefore treat any USCIS medical request as time-sensitive, even where they believe a previously submitted Form I-693 remains valid.

The recent transfer of EB-5 Form I-485 cases from the California Service Center to the Texas Service Center has been followed by new medical-examination RFEs in some cases, including requests for replacement Form I-693s that were issued with only 30-day response periods. Although Form I-693 examinations have generally been subject to a two-year validity period since 2023, USCIS is requesting updated examinations in some cases even before that period has expired. EB-5 investors and their families should closely monitor USCIS notices and respond quickly to any medical RFE, particularly given the agency’s broader shift toward stricter evidentiary review and shorter response deadlines.

USCIS Can Now Request Credit Reports from Green Card Sponsors

USCIS has expanded its ability to evaluate the financial circumstances of individuals who sponsor immigrants for green cards, including by requesting credit reports in appropriate cases. The change is part of a broader focus on whether sponsors can meet their financial obligations under the Form I-864 Affidavit of Support, which generally requires sponsors to demonstrate income or assets sufficient to support the intending immigrant at 125% of the Federal Poverty Guidelines.

What Employers Need to Know

• Financial Sponsor Review: Employers should understand that USCIS may conduct a more extensive review of a financial sponsor’s circumstances when an Affidavit of Support is required. The Form I-864 is a legally enforceable contract between the sponsor and the U.S. Government, making the sponsor responsible for providing financial support under specified circumstances. 
• Credit Information: The ability to request credit reports gives USCIS another source of information when evaluating whether a sponsor has sufficient financial resources. This could provide the agency with additional information beyond the income and asset documentation traditionally submitted with Form I-864. 
• Employment-Based Cases: The Affidavit of Support requirement generally applies to certain employment-based immigrant cases when a U.S. citizen, lawful permanent resident, or U.S. national relative filed the immigrant petition or has a significant ownership interest in the petitioning entity. Employers involved in these cases should therefore determine early whether the financial sponsorship requirement applies. 
• Sponsor Obligations: A sponsor’s obligation can continue until the sponsored immigrant becomes a U.S. citizen, earns 40 qualifying quarters of work, dies, or ceases to be a lawful permanent resident and departs the United States, among other circumstances. Divorce does not end the sponsor’s financial obligation.