Florida's House passed a 2026 bill to expand E-Verify to all employers; it died in the Senate.
This guide reflects the law and policy as of its publication date. U.S. immigration rules in this area can change quickly — confirm the current status with Fitenko Law PLLC at (305) 315-3425 or the official government source before you act.
Florida's legislature made headlines in January 2026 when the state House passed a bill that would have required every private employer in Florida — regardless of size — to use the federal E-Verify system before hiring anyone. For South Florida's densely immigrant communities in Doral, Hialeah, Kendall, and Brickell, the stakes were high. As of June 2026, that specific bill did not become law — but the policy pressure is real, the existing mandate is already in effect for tens of thousands of Florida employers, and a re-filed version could succeed in a future session. Here is a clear-eyed breakdown of where things stand and what you should be doing now.
In January 2026, the Florida House passed HB 197 on an 80-to-30 vote. The bill would have eliminated the current 25-employee threshold in Florida's E-Verify law and required all private employers, regardless of how many people they employ, to run every new hire through the federal E-Verify database before that person begins work.
The companion Senate bill, SB 1278, never made it through committee, and HB 197 died in the Senate Rules Committee on March 13, 2026. Governor DeSantis did not sign it. As of June 2026, the bill is not law.
So why does it matter? Because the House has now passed a version of this expansion in consecutive sessions, and legislators have re-filed it each time the Senate failed to act. The political trajectory points toward broader E-Verify coverage in Florida. Businesses and workers in greater Miami who are not preparing now could find themselves scrambling if the bill eventually passes — or they may already be covered by the existing 2023 law and not realize it.
The existing mandate, signed into law in 2023 as SB 1718, is already significant. Under current Florida law:
Enforcement began July 1, 2024. Penalties for repeated non-compliance include fines of up to $1,000 per day (after an employer fails to use E-Verify three times within a 24-month period) and potential suspension or revocation of business licenses. These are not hypothetical consequences — Florida's Department of Commerce (formerly the Department of Economic Opportunity) now has authority to investigate complaints, typically after a notice and a cure period.
If you own or operate a business in Miami-Dade or Broward County with 25 or more employees and you are not enrolled in E-Verify, you are already out of compliance with state law.
Greater Miami is one of the most internationally diverse labor markets in the United States. In neighborhoods like Hialeah, Little Havana, and Doral, small businesses — restaurants, cleaning services, landscaping companies, construction subcontractors, healthcare staffing agencies — regularly employ workers from Venezuela, Cuba, Haiti, Colombia, and dozens of other countries.
Many of those workers are legally authorized to work in the United States under a wide range of statuses: pending asylum cases, Temporary Protected Status (TPS), employment authorization documents (EADs), work visas, or pending green card applications. E-Verify can and does produce "Tentative Nonconfirmations" (TNCs), now also called mismatches, for some of these workers — even when they are fully authorized — due to database lag between USCIS approvals and system updates.
This creates real risk for both employers and employees. An employer who mishandles a TNC — for example, by terminating a worker before the contest process is complete — can face federal discrimination liability. A worker who is not told they have the right to contest a TNC can lose a job they are legally entitled to keep.
Understanding the process before you are in the middle of a situation is critical. That applies equally to an Aventura staffing agency owner and a Venezuelan professional on an EAD waiting for their green card to clear.
Whether you have 10 employees or 100, the practical steps are similar — and the time to take them is before you receive a complaint or a hire goes wrong.
If you are an immigrant worker in South Florida — whether you have an EAD, TPS, pending asylum, a work visa, or a green card application in progress — E-Verify affects you directly.
E-Verify works by cross-checking your I-9 information against Social Security Administration and USCIS databases. Because USCIS database updates can lag behind actual approvals, workers with valid, current authorization sometimes receive a Tentative Nonconfirmation (TNC). This does not mean you are unauthorized to work. It means the database has not yet caught up with your case status.
If your employer tells you that E-Verify flagged your information:
At Fitenko Law PLLC, we regularly assist workers in the Venezuelan, Cuban, Haitian, and Colombian communities across Hallandale Beach, Aventura, and greater Miami who encounter exactly these situations. The process is navigable — but the window to respond is short, and the stakes are high.
The 2026 E-Verify bill did not become law — but it exists within a broader shift in Florida's enforcement posture. Since 2023, Florida has expanded state-level immigration cooperation with federal authorities, and the 2026 legislative session introduced multiple bills touching unauthorized employment. Even though the universal mandate did not pass this session, employers and workers in Miami-Dade and Broward should not interpret that as a signal to disengage.
Workers in employment-based visa categories — H-1B, O-1, EB-5, or those pursuing marriage-based green cards — can also face indirect exposure when employers fail to maintain proper I-9 and E-Verify records, since an employer's compliance failures can complicate a sponsored employee's petition or renewal timeline.
Whether you are an employer trying to stay ahead of the law or a worker protecting your employment authorization, speaking with a Florida immigration attorney who understands both the federal framework and the state's specific requirements is the most reliable path forward.
Ekaterina Fitenko, Esq., founder of Fitenko Law PLLC in Hallandale Beach, advises individuals and businesses across greater Miami on employment-based immigration, work authorization, and E-Verify compliance. The firm serves clients in English and Russian throughout South Florida.
Fitenko Law PLLC
600 Three Islands Blvd, Hallandale Beach, FL 33009
Call for a consultation: (305) 315-3425
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.
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.
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.
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.
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.
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.
This article is general information only, not legal advice, and does not create an attorney-client relationship. Immigration law changes frequently — confirm all requirements with a qualified immigration attorney before taking action.
Fitenko Law PLLC, 600 Three Islands Blvd, Hallandale Beach, FL 33009. Phone: (305) 315-3425. Email: fitenkolaw@gmail.com