As of July 1st, 2023 all Florida employers (regardless of size) are required to retain copies of the IDs used for the Form I-9. All businesses with 25 or more employees are required to E-Verify.

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?

You will need to visit the enrollment website and accept the terms.
You will then review the enrollment checklist.
You will set up an Enrollment Point of Contact.
Determine your account access.

There are four different levels of access, you will mostly need “Employer” access.

Enter your company details.

You will need to know your FEIN, number of employees etc.

Provide Hiring Site Information
Register E-Verify Program Administrators and Memorandum of Understanding Signatory

You can add as many administrators as you need.

Review Information

Please review the information that you have previously entered. Errors can cause delays in your enrollment.

Review and Agree to the Memorandum of Understanding (MOU)

Review your obligations when it comes to using E-Verification and indicate whether you agree with the terms.

Print Signed Memorandum of Understanding

You should download and print a copy of the MOU. It’s recommended that you share it with HR, legal counsel and appropriate staff.

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.

Employers must complete the following steps within 10 federal government working days.

  • Notify your employee of their mismatch.
  • Give your employee a copy of the Further Action Notice.
  • Review the Further Action Notice with your employee in private.
    • If the information is incorrect, close the case and select the statement indicating that the information was incorrect. Create a new case with the correct information.
    • If the information that is on the Further Action Notice is correct, continue to the next step.
  • Your employee will decide whether to take action on the mismatch.
    • Your employee has 10 days from the issuance of the mismatch to notify you if they will take action to resolve the mismatch.
  • If your employee doesn’t give you their decision by the end of the 10th federal government working day, you close the case.
  • If an employee wants to take action and they let you know within 10 days, they can do the following to resolve the mismatch…

The Employee has 8 federal working days to begin resolving the mismatch.

  • DHS mismatch: Call DHS to begin to resolve.
  • SSA mismatch: Visit an SSA field off to begin resolving.
  • SSA citizenship mismatch: Call DHS or visit an SSA field office to begin resolving.

If they have a dual mismatch they will need to work with both DHS and SSA. 

DHS and SSA have 10 federal working days

  • Once your employee reaches out to DHS and/or SSA, DHS and SSA have 10 federal working days from the date the case was referred to update the case result within E-Verify.
    • You as the employer should check E-Verify from time to time for a case update.

Case in Continuance

This case status indicates that the employee has reached out to DHS or SSA and more time is needed to determine the outcome of the case. 

  • You will need to check E-Verify for case updates.

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

E-Verify Poster

You can download and hang this poster at your workplace to let your employees know that you participate in E-Verify.

E-Verify Enrollment Check List

Want to know what you need before you get started? This is the place to be.

Right to Work

Display this poster in your workplace so that it can be seen by your employees.

I-9 Docs

This are the documents allowed to be presented for verification of employment when an employee is completing the Form I-9.

Form I-9

Need a copy of the Form I-9? You can find it here.

Right to Work Spanish

Display this poster in your workplace so that it can be seen by your employees.

E-Verify Webinar

You can sign up for a free webinar to learn more about how to E-Verify.

Sample Mismatch

Click here to read and view a sample mismatch notification.

Senate Bill 1718

Read Senate Bill 1718 to learn all the facts around the newest Florida immigration law.

Register for E-Verify

Sign up to use E-Verify. It’s free and needed if you have 25 or more employees.

E-Verify Manual

This manual was download on 6/13/2023. It’s always best to visit e-verify.gov for the latest information.

Form I-9 Instructions

Unsure how to fill out the Form I-9, you can download the instructions here.

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.

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