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July 25, 2023


As of July 1, 2023, employers in Florida with 25 or more employees must verify each new employee’s employment eligibility through the free, online E-Verify system.

The E-Verify system compares information the employer enters from Form I-9 to records available to the Social Security Administration and the U.S. Department of Homeland Security. This verification confirms an employee’s eligibility to work in the United States. Verification must be done within three business days of the new employee’s start date, the same as with the Form I-9, which is still required.

Verifying Employees Outside of Florida

The law doesn’t define employees as only those working in the state, which seems to indicate that Florida employers are required to use E-Verify for all employees, including those working in other states.

If the E-Verify System Is Down

E-Verify is occasionally unavailable due to maintenance, government shutdown, or other issues. If employers are unable to access the E-Verify system within three business days of an employee’s start date, they should complete the Form I-9 as required under federal law and make and document daily attempts to access the system. Documentation could include a daily screenshot that shows the lack of access to the system, a public announcement that the system was not available, or any other reasonable notice about the unavailability of the system.

Record Retention

The documentation provided by the employee as well as the official verification, must be kept for at least three years.

Action Item

If you have 25 or more employees and aren’t already using E-Verify, enroll in and begin using the federal E-Verify system for new hires by July 1, 2023. You can find it here.

To consider

Currently, 22 states—Alabama, Arizona, Colorado, Florida, Georgia, Idaho, Indiana, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Nebraska, North Carolina, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Utah, Virginia, and West Virginia—require the use of E-Verify for at least some public and/or private employers.

Information courtesy of our partner Mineral, a database of HR articles, guides, and law changes that can keep your clients up-to-date and compliant with all the necessary employment laws.

If you have any questions about compliance, please feel free to reach out to us here.

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