Florida’s E-Verify Requirements

Florida’s E-Verify Requirements mandate that employers verify the eligibility of newly hired employees to work legally in the United States, ensuring compliance with state and federal immigration laws.

Like many states across the U.S., Florida has adopted E-Verify to enhance employment verification processes. E-Verify is an internet-based system that allows employers to check the eligibility of their employees to work in the United States by comparing information from the employee’s I-9 form to data from U.S. Department of Homeland Security and Social Security Administration records. Understanding the E-Verify requirements is crucial for employers and employees in Florida to ensure compliance with state and federal laws.

For Employers in Florida

Mandatory Use for Public Employers and Contractors

In Florida, state and local public employers, as well as contractors and subcontractors working with them, are required to use E-Verify to confirm the employment eligibility of their employees. This rule applies to any business or individual who enters into a contract with a state or local government entity. It is important for employers to ensure they are enrolled in E-Verify and use it correctly when hiring new employees or renewing contracts.

Benefits of E-Verify

Using E-Verify helps employers avoid hiring individuals who are not authorized to work in the United States, which can mitigate the risk of fines and legal issues. It also provides a streamlined process for verifying employment eligibility and helps maintain a legal workforce.

Steps to Enroll in E-Verify

1. Register Online: Employers can enroll in E-Verify through the U.S. Citizenship and Immigration Services (USCIS) website. The registration process requires basic information about the business and its physical location.
2. Display the E-Verify Poster: Employers must display the official E-Verify poster in a conspicuous place where all employees can see it.
3. Verify Employee Information: After hiring a new employee, employers must complete the Form I-9 and submit it to E-Verify within three business days of the employee starting work.
4. Review E-Verify Results: E-Verify will return either a confirmation of employment eligibility or a tentative non-confirmation (TNC). If a TNC is received, employers must follow up according to E-Verify guidelines.

For Employees in Florida

Rights and Responsibilities

Employees in Florida should be aware of their rights and responsibilities under E-Verify. They have the right to:

• Review the information an employer submits to E-Verify.
• Contest a TNC if they believe it’s in error.
• Be informed by the employer of any E-Verify results and next steps.

Challenging E-Verify Results

If an employee receives a TNC indicating that their employment eligibility cannot be confirmed, they have eight federal working days to contest the decision. Employees may request a referral to the Social Security Administration or the Department of Homeland Security to resolve any discrepancies.

No Employment Decision Based Solely on E-Verify

Employees need to know that E-Verify results alone cannot be used to deny employment. Employers must provide employees with the opportunity to resolve any issues before taking adverse action based on E-Verify findings.

Understanding E-Verify requirements is essential for both employers and employees in Florida. For employers, compliance with E-Verify can prevent legal complications and promote a legal workforce. For employees, knowing their rights ensures they can challenge incorrect employment eligibility determinations. By staying informed, both parties can contribute to a fair and legal employment environment in Florida.