Florida Employment-Based Immigration Law Changes 2026: What Workers and Employers Must Know

TL;DR: Florida employment-based immigration law changes in 2026 hit workers and employers from two directions at once — a rapidly tightening state enforcement environment and sweeping new federal rules on H-1B visas. If you sponsor foreign workers, hire in industries that rely on immigrant labor, or hold a work visa in Florida, the landscape has shifted significantly. Talk to us to get matched with a vetted Florida immigration attorney today.

Florida has built one of the most aggressive state-level immigration enforcement regimes in the country — and 2025 legislation doubled down on that framework heading into 2026.

The foundation is SB 1718, signed in May 2023 and effective July 1, 2023. Under SB 1718, private employers with 25 or more employees must use the federal E-Verify system to confirm every new hire's work authorization within three business days of that employee's first day of paid work.

On February 13, 2025, Governor DeSantis layered on two additional laws — SB 2-C and SB 4-C — that build upon SB 1718 and aim to enhance immigration enforcement statewide. SB 2-C alone allocated more than $298 million to state law enforcement agencies for immigration-targeted hiring, officer bonuses, and training.

For Florida employers, the practical upshot is a compliance environment where worksite audits are a real possibility, not a theoretical one. State agencies are authorized to conduct random employer audits, and noncompliance carries serious consequences.

• A $1,000-per-day fine if an employer fails to use E-Verify three or more times within any 24-month period — and the fine runs until the employer proves it has fixed the problem.
• Suspension of all applicable state business licenses until noncompliance is cured.
• One-year probation with quarterly reporting requirements imposed by the Florida Department of Economic Opportunity.
• Loss of eligibility for public contracts if the violation involves knowingly hiring unauthorized workers.

The current threshold — employers with 25 or more employees — may not last. During the 2026 legislative session, the Florida House passed legislation that would require all employers, regardless of size, to verify every new hire through E-Verify.

The expansion bill would remove the 25-employee floor entirely, applying the same E-Verify obligation to a sole-proprietor landscaping company as to a hospital system. The bill ultimately did not become law during the 2026 session, but the legislative intent is clear: Florida policymakers want universal coverage, and a future session could finish the job.

If you run a small business in Florida — particularly in agriculture, construction, hospitality, or healthcare — you should be planning for a future in which E-Verify compliance is mandatory no matter how many people you employ. Getting your I-9 and verification processes in order now is far cheaper than scrambling to catch up under a tighter deadline.

While Florida tightens state enforcement, a federal change is reshaping the economics of hiring skilled foreign workers through the H-1B program.

On September 19, 2025, President Trump signed a Presidential Proclamation imposing a $100,000 supplemental fee on certain new H-1B visa petitions. The fee took effect September 21, 2025, and applies to petitions filed on behalf of beneficiaries who are outside the United States and do not already hold a valid H-1B visa.

Before this change, employers paid between approximately $2,000 and $5,000 per petition, depending on company size. The new fee does not apply to extensions or amendments for workers already present in the United States on valid H-1B status, or to change-of-status cases such as F-1 graduates transitioning to H-1B from inside the U.S.

For Florida employers in technology, healthcare, finance, and engineering who regularly bring in talent from abroad, this fee fundamentally changes the cost-benefit calculation. Many companies are now prioritizing candidates already present in the United States or reconsidering whether to move certain roles offshore.

Multiple lawsuits challenging the $100,000 fee are working through federal courts, and the proclamation is scheduled to expire in September 2026 unless extended. Employers should plan as if the fee remains in place while monitoring litigation closely. Get matched in under a minute with an experienced Florida immigration attorney who tracks these developments in real time.

Even for employers who can absorb the $100,000 fee, the H-1B selection process itself has changed in a way that affects strategy.

A final rule effective February 27, 2026 replaced the random H-1B lottery with a wage-weighted selection system. Under the new process, USCIS weights entries so that petitions for higher-paid, higher-skilled workers have a greater chance of being selected.

In practice, this means that if your company is competing in the lottery for an entry-level software developer at a lower prevailing wage level, your registration has fewer effective "chances" than a competitor sponsoring the same person at a higher wage level. Florida employers in sectors with many entry-level or lower-wage H-1B filings — particularly staffing firms and IT consulting companies — will feel this shift most sharply.

• Level IV (highest wage) registrations receive the most favorable selection weighting.
• Level I (lowest wage) registrations receive the least favorable weighting.
• Employers should audit job descriptions and offered salaries before the next registration window opens.
• The FY 2027 H-1B cap registration window ran from March 4 through March 19, 2026 — the FY 2028 window will open around March 2027.

The combination of aggressive state enforcement and sweeping federal changes means compliance gaps that were low-risk a year ago are now high-risk. Here is a practical checklist for Florida employers.

1. Audit your I-9 files. Errors in Form I-9 can expose you to federal penalties ranging from hundreds to thousands of dollars per violation, on top of Florida's state penalties.
2. Confirm E-Verify enrollment and processes. If you have 25 or more employees, you must already be enrolled. Verify that your three-business-day completion window is being met for every new hire.
3. Map out H-1B costs for international hires. For any new petition requiring consular processing, budget for the $100,000 supplemental fee unless and until courts strike it down.
4. Review public contract eligibility. Florida prohibits public agencies from contracting with businesses that knowingly violate state employment verification law. One violation can lock you out of state and local contracts.
5. Plan for universal E-Verify. Even though the 2026 expansion bill did not pass, the legislative momentum is clear. Small businesses should treat the threshold as temporary.

As of mid-2026, the E-Verify mandate under SB 1718 applies to private employers with 25 or more employees. If you have fewer than 25 workers, you are not currently required by state law to use E-Verify — though you are still subject to federal law, which prohibits knowingly hiring unauthorized workers. Because legislation to extend the mandate to all employers has already passed the Florida House, smaller employers should plan for the possibility that this threshold will be removed in a future session.

Generally, no. The fee applies to petitions filed on or after September 21, 2025, for beneficiaries who are outside the United States and do not hold a valid H-1B visa. Extensions, amendments, and change-of-status filings for workers already present inside the U.S. are generally exempt. However, the rules are nuanced and litigation is ongoing, so you should consult an attorney before filing any new H-1B petition.

Florida law includes a notice-and-cure process for first-time violations. If an audit finds that you failed to use E-Verify, you typically receive 30 days to fix the problem before financial penalties kick in. The $1,000-per-day fine is triggered when an employer has failed to comply three or more times within a 24-month period. However, knowingly hiring unauthorized workers can result in immediate probation and loss of state licenses without a cure period.

Under the final rule effective February 27, 2026, USCIS assigns greater selection weight to petitions that offer higher prevailing wages. Florida employers filing at lower wage levels will see lower odds of selection compared to competitors who offer higher wages for the same or similar roles. If your company regularly sponsors H-1B workers, reviewing your wage structure before the next registration window is one of the most practical steps you can take to improve selection outcomes.

Not entirely. Federal courts have enjoined several of the most aggressive criminal provisions of both SB 1718 and SB 4-C — including the felony transportation and state-level illegal-entry crime provisions. The U.S. Supreme Court declined Florida's request to lift those injunctions in July 2025. However, the E-Verify mandate and related employer compliance requirements remain fully in force. Workers and employers should not assume all provisions are blocked — confirm the current status with a licensed attorney.

The 2025–2026 wave of Florida employment-based immigration law changes is not slowing down. Between tighter state enforcement, the $100,000 H-1B fee, a new wage-weighted lottery, and the very real prospect of universal E-Verify, both employees and employers face a compliance environment that rewards preparation and punishes delay.

DearLegal matches individuals and businesses with vetted, licensed Florida immigration attorneys who are actively advising clients on these exact issues. Whether you need to audit your I-9 program, plan an H-1B sponsorship budget, or understand how the new laws affect your work visa, we can connect you with the right counsel. Start your case — it takes less than a minute to get matched.

DearLegal is not a law firm and does not provide legal advice. This article is for informational purposes only. Consult a licensed attorney in your state for advice on your specific situation.