The E-Verify system has become a critical tool for employers across the U.S. to verify the legal work eligibility of new hires. As immigration laws and employment regulations continue to evolve, more states and industries are requiring businesses to use E-Verify as part of their hiring process. Understanding how the system works, its legal implications, and the steps required to stay compliant can help employers avoid legal pitfalls and ensure they are hiring eligible employees.
What is E-Verify?
E-Verify is a web-based system operated by the U.S. Department of Homeland Security (DHS) that allows employers to verify the employment eligibility of their employees. It compares the information provided by the employee on their I-9 Employment Eligibility Verification form against records available to the DHS and the Social Security Administration (SSA).
The system helps employers confirm that their employees are legally authorized to work in the U.S., whether they are U.S. citizens, permanent residents, or foreign nationals with work visas. While it is a voluntary program for most employers, some states and industries may require its use.
How to Register for E-Verify
Employers can sign up for the program online and access additional resources on the E-Verify website.
To save you time and the effort, Seay Management Consultants has a MOU with the Federal Government to manage and verify employment on behalf of our clients. We can do this process for you, just give us a call at 888.245.6272 to discuss!
Is E-Verify Required by Federal Law?
No. Participation in E-Verify is voluntary for most employers as a supplement to Form I-9, though employers who fit certain criteria in some states may be required to use it. E-Verify is mandatory for all employers with Federal contracts or subcontracts that contain the Federal Acquisition Regulation (FAR) E-Verify clause.
These are the 20 states that require employers to use the E-Verify system, at least under some circumstances:
- Alabama
- Arizona
- Georgia
- South Carolina
- Utah
- Florida
- Indiana
- Michigan
- Minnesota
- Missouri
- Nebraska
- Oklahoma
- Pennsylvania
- Tennessee
- Texas
- New Hampshire
- Colorado
- Louisiana
- West Virginia
- Mississippi
- Kentucky
What Florida Employers Need to Know About E-Verify
Understanding the E-Verify system and the legal obligations under Section 448.095 of the Florida Statutes is crucial for avoiding costly penalties and maintaining proper workforce management.
Since 2021, Florida law has required every public agency, contractor, and subcontractor to use the E-Verify system to authenticate the work status of recent hires. On May 10, 2023, Governor Ron DeSantis enacted SB1718, now codified as Section 448.095 of the Florida Statutes, adding additional regulations for private employers. The new law mandates that private employers in Florida with 25 or more employees performing services in Florida must use E-Verify to confirm the employment eligibility of all new hires. This legislation is part of an effort to address illegal immigration within the state.
Employees hired before July 1, 2023 remain subject to all Form I-9 requirements, however, their information does not need to be entered into the E-Verify system. Independent contractors are not subject to the requirements of Section 448.095.
Enforcement of Section 448.095
Enforcement for applicable employers began on July 1, 2023. If an employer fails to comply with the E-Verify requirements under Section 448.095, the Florida Department of Economic Opportunity (DEO) will issue a notification, and the employer will have 30 days to address the issue. Should an employer commit three violations within 24 months, they may face fines of $1,000 per day. Additional civil and criminal penalties, including the suspension or revocation of state licenses, permits, and registrations, may also be enforced based on the specific circumstances.
Impact on Florida Businesses
The new E-Verify requirements in Section 448.095 place added administrative burdens on employers. The law’s extension to private businesses with 25 or more employees in 2023 forces thousands of companies to modify their usual hiring processes. With significant penalties for non-compliance, employers must ensure that internal stakeholders are fully aware of the new obligations. Businesses engaged in government contracts need to be especially cautious, as they are required to use E-Verify regardless of the number of employees they employ.
Seay Management Consultants Helps Businesses Stay Compliant with Employment Laws
Seay Management Consultants, Inc. is a full-service human resource management and labor relations consulting firm that has been operating in Florida since 1966. Our primary goals are to ensure your business complies with all local, state, and federal employment regulations, eliminating any financial exposure in these areas. We also work to develop effective employment policies and procedures that help you hire and retain satisfied, happy, and productive employees. Additionally, we provide employers with a reliable point of contact for any HR-related questions, offering prompt and accurate responses via call, email, or text.
We can help you put together a process to utilize eVerify, or you can utilize us to complete the verification process for your employees on your behalf! Compliance and policy updates are just the beginning. Seay Management provides a broad range of HR services designed to support your business’s growth and ensure ongoing adherence to legal standards.