The following employment update was submitted by Greater Miami Chamber member, Aaron Tandy. We appreciate his expertise on this critical development affecting Florida employers.
NEWS CONTRIBUTOR
Aaron Tandy
GMCC Human Resources Committee Chair, General Counsel, Boucher Brothers Consulting
On June 20, 2025, DHS informed all companies that utilize E-Verify who may have employees whose EADs were revoked and which required reverification of their ability to work legally in the United States. DHS has identified the process that employers need to undertake to create a “Status Change Report” to determine if they have current employees affected by the revocation of EADs and must complete all reverifications within a reasonable amount of time using the E-Verify System. https://www.e-verify.gov/about-e-verify/whats-new/status-change-report-updated-to-include-document-number
E-Verify is a web-based system that allows enrolled employers to confirm the eligibility of their employees to work in the United States. E-Verify employers verify the identity and employment eligibility of newly hired employees by electronically matching information provided by employees on the Form I-9, Employment Eligibility Verification, against records available to the Social Security Administration (SSA) and DHS. Since January 1, 2021, Florida law requires private employers to verify a person's eligibility for employment after the acceptance of an offer of employment. Employee eligibility verification must be completed using either (1) the E-Verify system administered by the Social Security Administration and the U.S. Citizenship and Immigration Services (USCIS) or (2) by requiring the person to provide the same documentation required by the USCIS on its Employment Eligibility Verification form (Form I-9).
Those employers who have E-Verify accounts should have received notification if certain of their employees' EADs may have been revoked, requiring the reverification process to be undertaken. All employers, even those who do not utilize the E-Verify system, should undertake a review of their employees’ EADs to determine if any have been revoked.
DHS is explicit that employers may not continue to employ individuals who cannot provide proof of current employment authorization during the reverification process. Moreover, Florida law (Fla. Stat. §448.09) penalizes employers who knowingly employ an alien who is not duly authorized to work by DHS. The penalties which may be imposed by the Florida Department of Economic Opportunity range from probation to the suspension and potential revocation of licenses issued by the state or pursuant to state law, include operating licenses, which would require businesses to cease operations until the licenses are restored.
If you have questions about the reverification process or the DHS notices on E-Verify, consult your employment or immigration attorneys.
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