E-Verification has been around since 1996.

There are currently 22 states participating, with well over 1 million employers. E-Verification is the process of comparing the data that employers collect from the Form I-9 to records available at the U.S. Department of Homeland Security and the Social Security Administration to determine if an employee is authorized to work in the United States. Public employers have been required to use  E-Verify in Florida since 2021. 

On May 10th, 2023, Florida Governor Ron DeSantis signed Senate Bill 1718 into law. One of the outcomes of the legislation is e-Verify for employers in Florida with 25 or more employees. The new law also states, that all Florida employers regardless of size must retain copies of the documentation used to complete the Form I-9.

Key takeaways for E-Verification

• E-Verify is for Florida employers with 25 or more employees.
• The Form I-9 and e-verification must be completed within the first 3 days of employment.
• You are required to retain copies of the documents used to verify an employee’s’ eligibility to work in the United States.
• You can’t tell employees what documents they are allowed to present for verification of employment.
• You can’t pick and choose who has to be E-Verified. If you have 25 or more employees ALL new hires will need to be E-Verified.
• Yes, you can tell your employees that you participate in E-Verify. This can be done during recruitment and by displaying the E-Verify Participation & Right to Work poster at your workplace. See resources.
• E-Verify is for EMPLOYEES hired on July 1st, 2023 or later. You can’t require that existing employees complete e-verification.
• Employers may not terminate, suspend, delay training, withhold or lower pay, or take any other adverse action against an employee because of the mismatch, until the mismatch becomes a Final Nonconfirmation.
• If an employee decides not to take action on a mismatch, an employer may terminate employment and the case will be treated as a Final Nonconfirmation and should be closed in E-Verify.

Form I-9 Document Retention

The Form I-9 is been required since 1986. All employers in the United States are required to have their employees complete the Form I-9 within the first 3 days of employment.  All Florida employers, regardless of size are required to retain copies of the documents presented for I-9 Employment verification. 

You are responsible for the Form I-9 and E-Verification of your employees.

At Atlantic Payroll Partners our clients are already responsible for completing the Form I-.9. You are now required to keep copies of the documents provided by employees. Even though your employee can digitally give you the forms, you still need to physically see the forms for verification. If you have 25 or more employees, the next step is the online E-Verification system. It’s free and easy to use; once you complete the Form I-9, those same documents are used to verify the employment status of your employee.

I work with a PEO shouldn’t they be doing this for me…

The law specifically states that Professional Employer Organizations also known as Employee leasing companies will not be required to verify the employment eligibility of any new employees of the client compan(ies). PEOs have hundreds of clients all over the United States, they aren’t able to physically inspect the documents presented during the Form I-9 verification to confirm their legitimacy. Recall, the Form I-9 documents are to also be used for E-Verification purposes within the first 3 days of employment.

How to get started with E-Verify?

What happens if your employees information doesn’t match?

You’ve enrolled in E-Verify and followed the step-by-step prompts to verify your employee’s employment… now you have a mismatch.  A Tentative Nonconfirmation ( Mismatch) simply means that one or more of the documents provided by your employee does not match what the Social Security Administration and/or Department of Homeland Security have on file. DO NOT immediately fire your employee because of a mismatch. There is a process that must be followed to cure the mismatch.

Throughout the process of working through a Tentative Nonconfirmation, the E-Verify system will guide you through what to do next. It is strongly recommended that you read the E-Verify manual. It has screenshots and step by step instructions as to how to use E-Verify and what to do when you’re in certain situations as it relates to E-Verify.

E-Verification Resources

How can Atlantic Payroll Partners help?

We have a free electronic onboarding platform that your employees can use to complete their new hire paperwork. Your employees can easily complete, the Atlantic Payroll Partners application, the direct deposit form, the Form W-4, and even the Form I-9.* The electronic onboarding can be completed in English and Spanish.

Remember in Florida, regardless of the size of your business you are now required as of July 1st, 2023 to keep copies of the documents presented for the Form I-9. Make your life easier and get the information you need electronically. Don’t forget the documents used for the Form I-9 are also used during the E-Verification process. That’s another reason to take advantage of our solution. 

*Add you own custom new hire paperwork. Do you have paperwork that you require your new hires to review, sign, read etc? We can add your paperwork to our electronic onboarding solution.

To learn more email [email protected] or call 772-466-0440.