HomeUS Visa & ImmigrationFlorida E-Confirm Legislation | Pozo Goldstein, LLP

Florida E-Confirm Legislation | Pozo Goldstein, LLP


Florida’s financial system depends upon the work carried out by migrant staff and different immigrants, together with those that are undocumented. Just lately, Gov. Ron DeSantis signed a brand new legislation that may require many employers to make use of the E-Confirm system. This technique confirms whether or not somebody has employment authorization and if the paperwork they current are actual or fraudulent. Immigrants searching for work want to grasp the Florida E-Confirm legislation and think about working with a Miami immigration lawyer to keep away from issues.

What Is the Florida E-Confirm Legislation?

Gov. Ron DeSantis signed Florida SB 1718 into legislation on Might 10, 2023. This legislation was efficient on July 1, 2023, and requires all personal employers with 25 or extra staff to make use of the E-Confirm system. Beforehand, participation by many personal employers was voluntary. Solely people who had native, state, or federal contracts had been required to make use of E-Confirm.

Many employers selected to as a substitute solely use Type I-9, a separate system used to substantiate a newly employed worker’s eligibility to work within the U.S. With Type I-9, employers will need to have their staff full the doc and submit authentic id paperwork along with proof of their authorized capacity to work within the U.S. Employers should retain copies of the Type I-9 and their staff’ eligibility paperwork and produce them if requested to take action by immigration authorities.

The brand new E-Confirm legislation modified § 448.09, Fla. Stat. (2023) by including some new language. Below this revised statute, employers with 25 or extra employers had been required to start utilizing the E-Confirm system starting on July 1, 2023. Which means that employers should verify their new hires’ info with the E-Confirm system to substantiate their eligibility somewhat than merely counting on the paperwork their staff present to indicate lawful employment eligibility.

If an employer makes an attempt to entry E-Confirm for 3 consecutive enterprise days, however the system is down, their E-Confirm requirement shall be waived. Nevertheless, the employer should take and retain screenshots exhibiting the system was down as proof of why the E-Confirm course of was not accomplished. The employer will then want to finish the Type I-9 course of and preserve copies of the screenshots, the worker’s Type I-9, and copies of the worker’s id doc and proof of employment authorization within the worker’s personnel file.

Starting on July 1, 2024, employers that violate the legislation will face stiff penalties. Upon a primary violation, the Florida Division of Financial Alternative (DOE) will ship a discover of noncompliance to the employer. The employer will then need to treatment the violation inside 30 days. If an employer has three or extra violations inside 24 months, the state will revoke their enterprise license and nice them $1,000 per day till they’ve cured the difficulty.

If the DOE finds the employer knowingly employed an undocumented immigrant, the employer might be required to pay again any financial incentives the corporate obtained. It can then be positioned on probation for one 12 months and need to report back to the division to show compliance.

A subsequent violation inside 24 months will outcome within the suspension or revocation of the employer’s licenses based mostly on the variety of unauthorized staff as follows:

  • As much as 10 unlawful staff – 30-day suspension of the employer’s licenses
  • 11 to 50 unlawful staff – 60-day suspension of the employer’s licenses
  • 51+ unlawful staff – Revocation of all the employer’s licenses

What Is the E-Confirm System?

The E-Confirm system is a database operated by the U.S. Citizenship and Immigration Service (USCIS). Taking part employers can verify the data their newly employed staff have supplied to them towards the data within the system. The database tells employers whether or not the person is legally approved to work within the U.S. and helps to chop down on potential doc fraud.

How Is an Worker Outlined?

The legislation defines an worker as anybody who’s employed to fill a everlasting job for an employer when the employer has management over the work they carry out. The legislation excludes people who work as unbiased contractors in addition to home staff who carry out informal work within an individual’s house, together with housekeepers or handymen.

Get Assist From a Miami Immigration Lawyer

If you’re an immigrant and wish to work in Florida, you must perceive the E-Confirm legislation and the way it would possibly have an effect on you. A Miami immigration lawyer on the legislation agency of Pozo Goldstein can evaluate your scenario and aid you perceive the choices that is likely to be out there to you. For assist with immigration companies, contact us right this moment by calling (305) 856-0400.

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