Does Florida's E-Verify law already apply to my small business?

As of June 2026, Florida requires E-Verify only for private employers with 25 or more employees (and all public employers). If your business has fewer than 25 employees, you are not currently required by state law to use E-Verify — though federal law separately requires proper I-9 completion for all new hires. The 2026 expansion bill (HB 197) that would have covered all employers passed the House but died in the Senate.

What happens if E-Verify flags my work authorization as a TNC?

A Tentative Nonconfirmation (TNC), also called a mismatch, does not mean you are unauthorized to work — it means E-Verify could not immediately confirm your status, often due to database lag. You have the right to contest the TNC, and your employer cannot terminate you during the contest period. You should consult an immigration attorney promptly, because the response window is limited.

Can an employer fire me immediately if E-Verify returns a mismatch?

No. Federal rules prohibit an employer from terminating or taking adverse action against an employee solely because of a TNC before the employee has had the opportunity to contest it. Doing so can expose the employer to federal anti-discrimination liability. If this happened to you, speak with an immigration or employment attorney.

Will the Florida E-Verify expansion for all employers be re-introduced?

It is likely. Bills expanding E-Verify to all Florida employers have been introduced in consecutive legislative sessions, and the House passed the 2026 version (HB 197) by an 80-30 vote. While the Senate did not advance it this session, the pattern suggests a future attempt is probable. Businesses with fewer than 25 employees should treat this as a realistic development and begin preparing.

Does E-Verify affect workers on H-1B, O-1, or TPS status?

Yes. Workers on H-1B, O-1, TPS, EADs, or any other work-authorized status are subject to the same E-Verify process. Covered employers must run all new hires through E-Verify. Because USCIS records sometimes lag, even validly authorized workers can receive TNCs. An immigration attorney can help you navigate a TNC while protecting your visa status and employment.

Where can I get immigration and E-Verify compliance help in Miami?

Fitenko Law PLLC, located at 600 Three Islands Blvd in Hallandale Beach, FL, advises individuals and employers across greater Miami on work authorization, E-Verify compliance, employment-based visas, and green cards. The firm offers consultations in English and Russian. Call (305) 315-3425 for a consultation.

Florida E-Verify 2026: What Miami Employers Must Know

Florida's House passed a 2026 bill to expand E-Verify to all employers; it died in the Senate. A Miami immigration attorney explains where things stand now.

Fitenko Law PLLC, 600 Three Islands Blvd, Hallandale Beach, FL 33009. Phone: (305) 315-3425. Email: fitenkolaw@gmail.com

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