What Florida Employers Need to Know about Recent Immigration Policy Changes

U.S. immigration policy has changed considerably over the past few years, and the effects are not limited to individuals entering or remaining in the country. For employers, increased federal enforcement, changes affecting employment-based immigration, and existing state verification requirements have made immigration compliance a more immediate business concern.

Florida employers have a particular reason to pay attention. Businesses must comply with federal employment eligibility requirements, while many are also subject to Florida's E-Verify law. Employers that recruit foreign workers face additional considerations as federal immigration policies continue to change.

The result is a compliance issue that reaches well beyond HR. Employment verification errors can lead to government scrutiny and financial penalties, while changes affecting an employee's authorization to work can create staffing and operational problems. At the same time, employers that become too aggressive in their verification practices risk creating discrimination issues.

Understanding where those risks arise, and how they affect day-to-day employment practices, is an important first step.

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Why Immigration Policy Changes Matter to Employers?

Immigration compliance is sometimes associated primarily with businesses that sponsor foreign workers. In reality, employment eligibility requirements affect virtually every U.S. employer.

Federal law requires employers to verify the identity and employment authorization of individuals they hire. The primary mechanism for doing so is Form I-9, Employment Eligibility Verification, administered by the U.S. Citizenship and Immigration Services (USCIS).

Recent federal policy has placed greater emphasis on immigration enforcement, including at workplaces. U.S. Immigration and Customs Enforcement (ICE) has described Form I-9 inspections, civil fines and other investigative and enforcement measures as components of its worksite enforcement strategy.

That makes recordkeeping and verification procedures more than an administrative formality.

Even where an employer believes its workforce is fully authorized to work, weaknesses in its verification procedures or recordkeeping can still create problems during an inspection.

Regina M. Campbell, Esq., Managing Partner at The Campbell Law Group, has spent years advising Florida business owners on employment matters, regulatory obligations and other legal issues affecting their day-to-day operations. In her experience, weaknesses can arise when businesses do not have a consistent process for managing these requirements.

“Employers sometimes think of immigration compliance as something that is dealt with when a person is hired and then forgotten. The greater risk is often in the process itself. If a business cannot demonstrate that it has consistently followed the required procedures, an issue that began as a paperwork problem can become considerably more difficult once the government is involved.”

For employers, immigration compliance should be treated as an ongoing part of risk management, not simply a box to check when someone is hired.

Increased Worksite Enforcement Raises the Stakes

ICE can inspect an employer's I-9 records as part of its worksite enforcement activity. These inspections are intended to determine whether employers are complying with federal employment eligibility requirements and can identify both substantive violations and problems with the employer's records.

Immigration enforcement does not necessarily begin with an allegation that a company deliberately hired unauthorized workers.

A review may expose years of inconsistent recordkeeping, missing forms or verification mistakes. For a business with a large workforce or significant employee turnover, even small errors can add up.

Employers should therefore know where their I-9 records are stored, who is responsible for maintaining them and who within the business has authority to respond to a government inquiry. For businesses without dedicated in-house legal resources, outside general counsel can also provide ongoing guidance on compliance issues and help establish procedures for responding when legal questions arise.

The objective is not to obstruct a lawful investigation. It is to make sure the business responds appropriately and that important decisions are not made on the spot by employees who are unfamiliar with the company's legal obligations.

Form I-9 Compliance Deserves a Fresh Review

Every newly hired employee must generally complete Form I-9, including U.S. citizens and nationals. The employer must review acceptable documentation and complete its portion of the verification process.

USCIS provides detailed instructions for completing Form I-9, but mistakes can still occur.

In practice, I-9 issues can arise for many reasons, from incomplete forms and missed deadlines to mistakes about when an employee’s work authorization needs to be reverified. Problems can be especially hard to identify when different HR staff or managers have handled records over several years without a consistent process.

Growth can make those inconsistencies much harder to manage. Procedures that worked when a company employed ten people may no longer be adequate once it has multiple locations, more managers or a significantly larger workforce.

A periodic internal review can help identify weaknesses before a government inspection uncovers them. Where mistakes are found, however, employers should be careful about how they correct them. Records should not simply be altered or backdated to make them appear compliant. The appropriate response will depend on the type of error and the circumstances in which it occurred.

For Regina M. Campbell, Esq., the timing of that review can make a significant difference. Addressing inconsistencies while the business is operating normally gives an employer more opportunity to understand the problem and respond appropriately than discovering the same issue after an inspection has begun.

“A compliance review is most valuable before the business has received an inspection notice. It gives the employer an opportunity to understand where its procedures may be inconsistent, determine how errors should properly be addressed and put a better process in place going forward.”

Taking the time to review I-9 compliance now can put an employer in a much stronger position if its records are later subject to government scrutiny.

Florida’s E-Verify Requirements for Private Employers

Federal Form I-9 requirements are only part of the picture for businesses operating in Florida.

Under Section 448.095 of the Florida Statutes, private employers with 25 or more employees must use E-Verify to verify the employment eligibility of new employees. Verification must generally occur within three business days after the employee begins working for pay.

Covered employers must also certify compliance on their first applicable return each calendar year and retain the required employment-verification documentation for at least three years.

If the Florida Department of Commerce determines that an employer has failed to use E-Verify as required, the employer generally has 30 days to cure the noncompliance. If the Department determines that the employer has failed to use E-Verify three times within a 24-month period, Florida law provides for a fine of $1,000 per day until the violation is cured. Applicable licenses may also be suspended until the employer returns to compliance.

For businesses close to the 25-employee threshold, growth can therefore create an additional compliance obligation that may not previously have applied.

Proposed changes during Florida's 2026 legislative session may have caused some confusion about which private employers are currently covered. Lawmakers considered removing the 25-employee threshold and extending E-Verify requirements more broadly, but those proposals did not become law. As of August 2026, the requirement still applies to private employers with 25 or more employees.

Employers should still watch for future legislative developments, as lawmakers could revisit the requirement's scope.

For covered businesses, E-Verify should form part of a consistent onboarding procedure rather than being treated as a separate administrative task. Reviewing wider employment policies can also be worthwhile when legal requirements change. TCLG's guidance on employee handbooks and workplace policies explains the role clear and consistently applied policies can play in managing employment-related risk.

Changes to H-1B Policy Could Affect Recruitment

Employers that recruit internationally face additional considerations as federal immigration policy continues to change.

The H-1B program allows qualifying U.S. employers to temporarily employ foreign workers in certain specialty occupations. For businesses that rely on highly skilled international talent, changes to the program can affect recruitment costs, timelines and wider workforce planning.

In September 2025, a presidential proclamation introduced a $100,000 payment requirement affecting certain H-1B petitions involving workers outside the United States. The measure took effect on September 21, 2025 and included limited exceptions, including where the Secretary of Homeland Security determined that an individual, company or industry qualified for a national-interest exception.

The requirement did not apply to petitions submitted before the effective date or to previously issued H-1B visas, and federal guidance clarified that it was not intended to operate as a recurring $100,000 charge on existing H-1B workers.

Legal challenges have since created further uncertainty around the requirement. In June 2026, a federal district court vacated the agency guidance implementing the payment requirement, a decision the federal government subsequently appealed. With the litigation ongoing and H-1B policy continuing to evolve, employers considering sponsorship should confirm the current requirements before committing to a new international hire.

For businesses that depend on foreign talent, consider visa eligibility, potential costs, and processing requirements early in the recruitment process, especially when hiring is time-sensitive or growth plans depend on an employee starting work by a certain date. Doing so can help reduce the risk of unexpected costs or delays later.

What If an Existing Employee's Work Authorization Changes?

Changes in immigration policy can also create uncertainty around existing employees.

Some employees are authorized to work in the United States through time-limited immigration statuses or employment authorization documents. Federal changes affecting particular immigration programs may therefore raise questions about whether an employee remains authorized to work and whether the employer needs to take further action.

Employers should be careful not to make decisions about an employee's work authorization based solely on a policy announcement or news report.

The expiration date printed on a document does not always provide the complete answer. Certain employment authorization documents may qualify for extensions, while other circumstances may have specific rules governing reverification.

Employers should maintain a reliable process for identifying when reverification is required and completing it on time. They should also avoid repeatedly requesting documentation from employees when federal rules do not require them to do so.

Where an employee's authorization is genuinely unclear, obtaining legal guidance before suspending or terminating employment can help an employer understand its obligations and avoid creating a separate employment dispute.

Stronger Immigration Compliance Does Not Mean Asking for More Documents

An increased focus on immigration enforcement can create a different problem if employers overcorrect.

Federal anti-discrimination protections continue to apply during the employment eligibility verification process. The U.S. Department of Justice's Immigrant and Employee Rights Section enforces provisions of the Immigration and Nationality Act that prohibit certain citizenship-status and national-origin discrimination, as well as unfair documentary practices during Form I-9 and E-Verify procedures.

In practical terms, employers cannot simply demand whatever immigration document they would prefer to see.

Employees are generally entitled to choose which acceptable documents they present for Form I-9 purposes. An employer should not require a lawful permanent resident to produce a green card, for example, when the employee has presented other acceptable documentation that satisfies the Form I-9 requirements.

The Department of Justice also advises employers not to request more or different documents, insist on particular documents, or reject apparently genuine documents because of an individual's citizenship status or national origin.

Employers therefore need to meet their verification obligations without imposing requirements that go beyond what the law allows.

Regina M. Campbell, Esq., cautions that businesses responding to a stricter enforcement environment should be particularly careful not to turn legitimate compliance concerns into different treatment for particular employees.

“The answer to increased enforcement is not to start demanding additional documents from employees who appear to be foreign nationals. Employers need a process that verifies work authorization properly while applying the same legal standards consistently. Both under-compliance and over-compliance can create problems for a business.”

For employers reviewing their procedures, the Department of Justice also provides specific information for employers on avoiding immigration-related discrimination.

Seven Steps Florida Employers Can Take Now

Businesses do not need to wait for another policy announcement or an ICE inspection to review their procedures. Florida employers can take the following steps now to identify potential weaknesses and improve compliance.

1. Review I-9 Records and Procedures

Consider whether forms are completed correctly and on time, whether records are maintained appropriately, and whether the same process is followed throughout the business.

2. Confirm Whether Florida's E-Verify Requirement Applies

Private employers with 25 or more employees should ensure E-Verify is properly incorporated into onboarding and that the business meets its documentation and certification requirements.

3. Assign Clear Responsibility

Identify who is responsible for Form I-9 completion, E-Verify, reverification and responding to government inquiries. When hiring takes place across several locations, ensure responsibilities are understood consistently.

4. Review When Reverification Is Required

Employers should have a reliable process for identifying when reverification is required without unnecessarily requesting new documents from employees.

5. Plan Earlier When Recruiting Foreign Workers

Businesses using employment-based immigration programs should consider eligibility, timing, costs and potential policy changes before making hiring commitments.

6. Establish a Response Procedure for Government Inquiries

Relevant employees should know who to contact if the business receives an inspection notice or government visit. Legal advice can then be sought, where appropriate, before making substantive decisions.

7. Train HR Staff and Hiring Managers

People carrying out verification need to understand not only what the business must do but also what it must not do. Consistency is particularly important when several people have authority to recruit or onboard employees.

As businesses grow and legal requirements change, employment procedures that haven't been reviewed in years may no longer reflect the company's current practices or obligations.

Key Takeaways for Florida Employers

Immigration compliance is becoming a more significant business issue for Florida employers as federal enforcement priorities, employment-based immigration policies and state verification requirements continue to evolve.

For Florida business owners, the main points are:

The practical approach is to identify which requirements apply to the business, review existing employment-verification procedures and address potential weaknesses before they become part of a government inspection, hiring problem or employment dispute.

Immigration Compliance Is Becoming a Wider Business Risk

Recent immigration policy changes give Florida employers good reason to review how they manage employment eligibility and related compliance. That includes understanding whether E-Verify requirements apply, maintaining appropriate verification procedures and knowing how the business will respond if an employee's work authorization becomes uncertain.

Businesses that recruit foreign workers also need to account for changing visa requirements, costs, and processing timelines, while ensuring stronger compliance procedures do not result in employees being treated differently because of their citizenship, immigration status, or national origin.

The businesses in the strongest position will generally be those that establish consistent procedures before an issue arises, review them as the law changes and seek advice when the correct response is unclear.

The Campbell Law Group advises Florida businesses on matters ranging from business formation and corporate governance to business contracts, outside general counsel and risk management. The firm also represents businesses in litigation involving breach of contract, shareholder or member disputes, breach of fiduciary duty and tortious interference. This broader business-law perspective can be particularly valuable when changes in immigration policy affect not only employment practices, but also a company’s compliance procedures, contractual relationships and wider operations.

Where immigration policy changes raise questions about an employer's existing workforce, hiring practices, or legal obligations, early advice can help the business understand the issue and determine an appropriate response.

If you would like to learn more about how recent immigration policy changes may affect your business, employment practices or wider compliance obligations, contact The Campbell Law Group to discuss your circumstances and the steps your business can take to manage potential legal risk.

Frequently Asked Questions

Can a Florida Employer Be Penalized for I-9 Paperwork Errors Even If Its Employees Are Authorized to Work?

Yes. An employer can face compliance issues because of problems with its Form I-9 records, even if there is no allegation that it knowingly employed unauthorized workers. Missing forms, incomplete information and other recordkeeping failures can become relevant during an inspection. Employers that identify potential errors should consider how to correct them appropriately rather than altering or backdating records.

What Should a Florida Employer Do If ICE Arrives at the Workplace?

Employees likely to receive government visitors should know who in the business has authority to respond and who to contact for legal guidance. Employers should avoid making significant decisions on the spot without understanding the nature and scope of the request. Having a response procedure in place beforehand can help ensure that a lawful inquiry is handled appropriately.

Should Employers Keep Form I-9 Records Separate from Personnel Files?

Employers may find it more practical to maintain I-9 records separately from general personnel files, particularly if the business needs to produce them in response to an inspection. Whatever system is used, employers should maintain records securely, keep them accessible when required, and retain them for the applicable period.

Does a Florida Business Need to Start Using E-Verify as Soon as It Reaches 25 Employees?

This is a useful question for growing businesses because determining whether and when the statutory threshold has been reached may require looking at the employer's particular circumstances and the applicable Florida requirements. A business approaching 25 employees should therefore review its obligations before further hiring rather than waiting until it has already exceeded the threshold.

Can an Employer Ask an Employee About Their Immigration Status?

Employers are required to verify employment eligibility, but that does not give them unrestricted authority to question employees about their immigration status or demand particular immigration documents. Employment verification procedures should follow the applicable Form I-9 and E-Verify rules and be applied consistently without unlawful discrimination.