SeayHR - April 2026
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.
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).
This 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.
Employers can sign up for the program online and access additional resources on the E-Verify website, www.e-verify.gov/employers.
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.
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 SB 1718, now codified as Section 448.095 of the Florida Statutes, adding additional regulations for private employers. The 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.
If an employer fails to comply with the E-Verify requirements under Section 448.095, the Florida Department of Economic Opportunity (DEO) will issue 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.
The new E-Verify requirements place added administrative burdens on employers. The law’s extension to private businesses with 25 or more employees forces thousands of companies to modify their usual hiring processes. With significant penalties for noncompliance, employers must ensure that internal stakeholders are fully aware of the new obligations.
Businesses engaged in government contracts need to be especially cautious, because they are required to use E-Verify regardless of the number of employees they employ.
SeayHR can help you put together a process to utilize E-Verify or you can utilize them to complete the verification process for your employees on your behalf. Compliance and policy updates are just the beginning. SeayHR provides a broad range of HR services designed to support your business’s growth and ensure ongoing adherence to legal standards.