Jacksonville Employment Immigration & Employer Compliance Attorneys

Strategic Immigration Guidance for Businesses & Employees

Florida's employment immigration requirements are no longer background noise for business owners. Under Florida Statutes § 448.095 (Senate Bill 1718), employers with 25 or more employees are now legally required to verify work eligibility through the federal E-Verify system. Non-compliance carries fines of $1,000 per day and can result in the suspension or revocation of your state business licenses. 

Edwards & Edwards, P.A. counsels Jacksonville-area businesses on how to meet these obligations without disrupting their operations, and represents both employers and employees when compliance questions become legal disputes.

We help Jacksonville employers and employees navigate complex work authorization laws. Reach out online or call (904) 454-4881 to schedule a consultation today.

Legal Counsel That Covers Both Sides of the Hiring Process

Edwards & Edwards, P.A. works with employers and employees. We advise employers on building compliant hiring processes, and we represent workers and applicants when their rights are at stake. That dual perspective gives our clients a more complete picture of the legal risks involved.

The business-related immigration work we do includes:

• Compliance review and audit preparation before the Florida Department of Commerce comes to you
• E-Verify enrollment guidance and MOU documentation review
• I-9 process training and internal policy development for HR teams
• Work visa counsel for H-1B, L-1, O-1, TN, and investor-based visas (E-1/E-2)
• Legal defense if your business is investigated or penalized for alleged non-compliance
• Employee rights representation when E-Verify disputes, wrongful termination, or status mismatches arise

Types of Work Visas & Business Immigration Matters We Handle

Jacksonville's economy continues to grow across logistics, healthcare, finance, and technology. Edwards & Edwards, P.A. helps businesses bring in the talent they need while navigating visa requirements, and helps individuals secure legal work authorization in the United States.

Visa categories we handle include:

• H-1B. Temporary work visas for workers in specialty occupations
• L-1. Intracompany transferees in managerial, executive, or specialized knowledge roles
• O-1. Individuals with extraordinary ability in business, science, arts, or athletics
• TN. USMCA professional work authorization for qualified Canadian and Mexican nationals
• E-1 & E-2. Treaty trader and investor visas for business owners from qualifying treaty countries
• PERM Labor Certification and EB-based green cards for employer-sponsored permanent residence

Florida Employer Immigration Compliance Audit Checklist: Is Your Business Ready for a Florida Department of Commerce Audit?

Under Florida Statutes § 448.095 (SB 1718), businesses with 25 or more employees face significant penalties for non-compliance, including fines of $1,000 per day and the potential loss of all state business licenses. Use this checklist to conduct an internal "stress test" of your current hiring and verification processes.

Phase 1: Enrollment & Certification

• E-Verify Enrollment: Confirm your business is officially enrolled in the federal E-Verify system.
• Memorandum of Understanding (MOU): Maintain a signed copy of your E-Verify MOU on file.
• Annual Certification: Ensure you have certified compliance on your first reemployment tax return (Form RT-6) of the current calendar year.

Phase 2: The "3-Day" Hiring Rule

• Section 1 Completion: Verify every new hire completed Section 1 of Form I-9 on or before their first day of work for pay.
• Section 2 & E-Verify Case: Confirm that both Section 2 of Form I-9 and the corresponding E-Verify case were completed within 3 business days of the employee's start date.
• System Outage Documentation: If E-Verify was unavailable during the 3-day window, do you have dated screenshots or official notices proving the outage?

Phase 3: Document Retention & Accuracy

• The "3-Year" Rule: Are you retaining all E-Verify documentation (including the official verification result) for at least 3 years after the initial hire date?
• I-9/E-Verify Data Match: Does the hire date entered in E-Verify exactly match the date entered in the Certification block of Section 2 of Form I-9?
• Acceptable Documents: Ensure you are only accepting original, unexpired documents from the Official List of Acceptable Documents. (Note: In Florida, any "List B" document used must contain a photograph.)

Phase 4: Managing Discrepancies

• TNC Protocol: Do you have a written process for handling Tentative Nonconfirmations (mismatches) that includes notifying the employee and allowing them 10 days to contest?
• No Pre-Screening: Verify that E-Verify is never used to screen applicants before a job offer is accepted.
• Knowledge-Based Termination: Do you have a protocol for immediately terminating any employee if you obtain "actual knowledge" they lack work authorization?

Phase 5: Self-Audit Prep

• E-Verify Quick Audit Report: Can your HR team generate a Microsoft Excel Quick Audit Report covering all new hires since July 1, 2024? (This is the first document the state typically requests.)
• Correction Procedures: If errors are found, are they being corrected according to USCIS/ICE guidelines (initialing and dating changes, never backdating)?

Employer FAQ: Compliance & E-Verify Mandates

Which Florida employers are now required to use E-Verify?

Under SB 1718, all private employers in Florida with 25 or more employees must use the federal E-Verify system to confirm the work eligibility of new hires. Public employers and contractors were already subject to these requirements. Starting July 1, 2026, a new mandate is expected to expand this requirement to all private employers, regardless of size.

What are the penalties for non-compliance?

If the Florida Department of Commerce determines an employer failed to use E-Verify three times in any 24-month period, a mandatory fine of $1,000 per day will be imposed until the issue is cured. Additionally, non-compliance is grounds for the suspension or revocation of all state business licenses.

How long do I have to verify a new hire?

Employers must create an E-Verify case for each new employee no later than the third business day after they start work for pay.

Are there annual reporting requirements?

Yes. Covered employers must certify their E-Verify compliance on their first reemployment tax return each calendar year.

What happens if I receive a "Tentative Nonconfirmation" (mismatch)?

You must notify the employee and provide them with the opportunity to take action to resolve the mismatch with federal authorities. You cannot take adverse action against the employee while they are in the process of resolving this status.

Applicant & Employee FAQ: Rights & Readiness

What documents will I need to provide when applying for a job?

You must complete Form I-9 and present documents that establish both your identity and your authorization to work. While you can choose which documents to present from the Official List of Acceptable Documents (like a U.S. Passport or a combination of a Driver's License and Social Security Card), Florida law now mandates that any List B document you use must contain a photo.

Can an employer use E-Verify to "pre-screen" me before hiring?

No. Federal and state law prohibits employers from using E-Verify to screen job applicants before an offer of employment has been made and accepted.

How do recent Florida laws affect my driver's license for work?

Florida no longer recognizes certain out-of-state driver's licenses issued exclusively to undocumented individuals. If your license is from one of these states, it may be considered invalid for driving in Florida, which can impact jobs requiring transportation.

What should I do if I get an E-Verify "mismatch" notice?

Don't panic. A mismatch often occurs due to clerical errors or outdated records. You have 10 federal government working days to tell your employer if you intend to contest the result, and your employer is legally barred from firing you or reducing your hours while you resolve the issue.

Is my information safe in the E-Verify system?

E-Verify is managed by the Department of Homeland Security (DHS) and the Social Security Administration (SSA). Employers are legally required to safeguard all personally identifiable information entered into the system.

Secure the talent your business needs while meeting all of Florida's legal requirements. Contact us online at (904) 454-4881 to schedule a consultation now.