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May 17, 2023
Federal law requires any employer who recruits, refers for a fee, or hires an individual for employment in the United States to complete a Form I-9, Employment Eligibility Verification. The United States Citizenship and Immigration Services manages the Form I-9 process, which helps to verify employee identity and employment authorization.
E-Verify is an Internet-based system used to confirm employment eligibility that compares information that an employer enters from an employee’s Form I-9 to records available to the United States Department of Homeland Security and the Social Security Administration.
On May 10, 2023, Florida Governor Ron DeSantis signed SB 1718 into law. The law requires private employers with at least 25 employees to use E-Verify, starting July 1, 2023 (use of E-Verify already is mandatory in Florida for public employers and for private employers that contract with state and local governments or that receive state financial incentives). Effective July 1, 2024, the law also increases penalties for noncompliance and for employers that knowingly* hire undocumented workers. *If employers use the E-Verify system in good faith, the government will presume that they have not knowingly hired unauthorized workers.
Private employers covered by the new law should review their obligations and update their onboarding processes accordingly. Because using E-Verify comes with certain employer protections, even employers that are not required to use E-Verify may want to do so.
Employers may enroll in E-Verify here.
The author of this article, Patricia Tsipras, is a member of the Bar of Pennsylvania. This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice in Florida or Pennsylvania, or any other jurisdiction, nor does it establish an attorney-client relationship with any reader of the article where one does not exist. Always consult an attorney with specific legal issues.
