Important Updates
Important Updates
December 23, 2025 | ZimbabweZimbabwe: New Indigenization Regulations in Effect
December 23, 2025 | United StatesFranceinfo: États-Unis : bientôt une inspection au peigne fin des réseaux sociaux avant d'entrer sur le territoire
December 23, 2025 | CanadaToronto Star: Canada Wants to Bring in 1,000 Researchers and Skilled Workers. Here’s What It Will Take
December 23, 2025 | United StatesUnited States: DHS Issues Final Rule to Replace Random H-1B Cap Lottery with Wage-Level-Based Weighted System for H-1B Cap Allocation in Time for Implementation in Early 2026
December 23, 2025 | United StatesUnited States: USCIS Suspends Approvals of Pending Diversity Visa Adjustment Applications While Security Reviews Are Conducted
December 23, 2025 | ZimbabweZimbabwe: New Indigenization Regulations in Effect
December 23, 2025 | United StatesFranceinfo: États-Unis : bientôt une inspection au peigne fin des réseaux sociaux avant d'entrer sur le territoire
December 23, 2025 | CanadaToronto Star: Canada Wants to Bring in 1,000 Researchers and Skilled Workers. Here’s What It Will Take
December 23, 2025 | United StatesUnited States: DHS Issues Final Rule to Replace Random H-1B Cap Lottery with Wage-Level-Based Weighted System for H-1B Cap Allocation in Time for Implementation in Early 2026
December 23, 2025 | United StatesUnited States: USCIS Suspends Approvals of Pending Diversity Visa Adjustment Applications While Security Reviews Are Conducted
December 23, 2025 | ZimbabweZimbabwe: New Indigenization Regulations in Effect
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

United States: Florida Broadens Its E-Verify Requirement, Enacts Prohibitions Against Certain Foreign Ownership of Real Estate and Other Immigration-Related Restrictions

May 17, 2023

insight-news-default

Country / Territory

  • United StatesUnited States

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

At a glance

  • Beginning July 1, 2023, a new Florida law will require employers with 25 or more employees in Florida to use E-Verify to check the employment eligibility of all new hires, and will impose state civil and criminal penalties on employers who hire individuals without employment authorization.
  • Also effective July 1, 2023, individuals and entities from certain countries of concern will be prohibited from owning certain types of real property in Florida, with exceptions for U.S. citizens, lawful permanent residents, and certain individuals purchasing a qualifying residence.
  • Court challenges to aspects of the new laws are anticipated.

The issue

Effective July 1, 2023, employers with 25 or more employees are required to use E-Verify to check the employment eligibility of new hires, under Florida Senate Bill (SB) 1718, a new law signed by Governor Ron DeSantis on May 10.

Though Florida has had a limited E-Verify requirement in place since 2021, the new law broadly expands mandatory E-Verify use in the private sector. SB 1718 also prohibits the recognition in Florida of state driver’s licenses issued by other U.S. states to undocumented foreign nationals, and requires hospitals and healthcare systems to collect and report statistics on the immigration status of patients.

Separately, Florida has also enacted SB 264, which restricts ownership of Florida real property by certain nationals and entities of China, Cuba, Iran, North Korea, Russia, Syria, and Venezuela.

The new Florida E-Verify requirement

Beginning July 1, employers who are subject to the new law must use the federal E-Verify system to check the employment eligibility of new hires within three days of hire.  If the E-Verify system is not available, employers must complete USCIS Form I-9 and retain documentation of E-Verify’s unavailability, such as an announcement of system maintenance or a screenshot showing the system is not operational.

Employers who use E-Verify to check employment eligibility (or Form I-9 and documentation of E-Verify’s unavailability) will benefit from a rebuttable presumption that they are not knowingly hiring or continuing to employ an unauthorized worker. The rebuttable presumption also benefits employers with fewer than 25 employees who voluntarily use E-Verify.

Employers must retain for at least three years copies of the employment eligibility verification documentation provided by employees and any official verification generated from the E-Verify system.

Enforcement and penalties for noncompliance. SB 1718 creates new state civil and criminal penalties for employing individuals who are not authorized to work in the United States, and permits state authorities to audit employers’ compliance with employment eligibility verification requirements. Beginning on July 1, 2024, if the Florida Department of Economic Opportunity (DEO) determines that an employer failed to use E-Verify in compliance with SB 1718, the department must notify the employer of the determination of noncompliance and provide the employer with 30 days to cure the noncompliance. An employer who fails to use the E-Verify system as required by SB 1718 three times in any 24-month period is subject to a fine of $1,000 per day and suspension of state-issued licenses until the noncompliance is cured.

Other key provisions of SB 1718. The new law prohibits the recognition in Florida of driver’s licenses issued by other U.S. states to individuals without immigration status. In addition, the law requires hospitals to collect data on immigration status from persons seeking treatment, and report that data to state authorities.

New restrictions on business interests of and property ownership by certain foreign nationals

Separately, Gov. DeSantis signed into law SB 264, which prohibits certain foreign entities and individuals from owning or acquiring interests in real estate in Florida and restricts state and local government entities from contracting with certain foreign countries of concern. In general, the prohibitions apply to nationals and entities of China, Cuba, Iran, North Korea, Russia, Syria, and Venezuela, with exemptions for U.S. citizens and lawful permanent residents.

Restrictions on acquisition of agricultural property. Effective July 1, 2023, SB 264 prohibits foreign principals from one of the seven countries of concern from directly or indirectly owning, acquiring, or have a controlling interest in Florida agricultural land, other than a de minimis interest. A de minimis interest is defined as an ownership interest of less than five percent in registered equities of a publicly traded company that owns the land or a noncontrolling interest in an entity controlled by a company that is registered as an investment adviser and is not a foreign entity.

Affected foreign principals who acquired such land before July 1, 2023 may continue to own or hold it but may not purchase or acquire any additional land or interest in Florida. They are required to register their ownership or holdings with the Florida DEO.

Restrictions on ownership interest in real property near military installations or critical infrastructure facilities. Under the new law, a foreign principal of one of the countries of concern may not directly or indirectly own, have a controlling interest in, or acquire any interest in real property on or within 10 miles of a military installation or critical infrastructure facility in Florida, other than a de minimis interest (defined above). 

Affected foreign principals who acquired such land before July 1, 2023 may continue to own or hold such property, but are prohibited from acquiring additional such property in Florida. Those who own or hold an interest in covered property (other than a de minimis interest) must register with the Florida DEO.

Notwithstanding these restrictions, foreign individuals from a country of concern may purchase one residential real property of up to two acres if (1) the property is not on or within five miles of a military installation in the state; (2) the individual has a valid U.S. visa (other than a tourist visa) or has documentation confirming that the person has been granted asylum, and such visa or documentation authorizes them to be legally present in Florida; and (3) the property is purchased in the name of the individual.

Prohibition against acquisition of real property by certain Chinese nationals and entities.  The new law prohibits the following persons or entities from directly or indirectly owning, having a controlling interest in, or acquiring real property in Florida, other than a de minimis interest or  for a permitted diplomatic purpose: (1) the People’s Republic of China; (2) the Chinese Communist Party; (3) any official or member of the People’s Republic of China or the Chinese Communist Party; (4) any other political party or member of a political party or a subdivision of a political party in the People’s Republic of China; (5) a partnership, association, corporation, organization, or any other combination of persons organized under the laws of or having its principal place of business in the People’s Republic of China, or a subsidiary of such entity; and (6) any person who is domiciled in the People’s Republic of China, other than a citizen or lawful permanent resident of the United States.

An exception to the prohibition exists for individuals who purchase one residential property of up to two acres if (1) the property is not on or within five miles of a military installation in Florida; (2) the individual has a valid U.S. visa (other than a tourist visa) or has documentation confirming that the person has been granted asylum, and such visa or documentation authorizes them to be legally present in Florida; and (3) the purchase is in the name of the person.

A Chinese national or entity who owns or acquires an interest in Florida real property before July 1, 2023 may continue to hold it but may not acquire any other property in the state and must register their ownership with the Florida DEO.

What the new laws mean for employers and foreign nationals

The impact of many aspects of the new Florida laws – including the effect on property interests in the EB-5 context – are unknown. Both statutes are likely to be challenged in federal court on constitutional and antidiscrimination grounds, and could be enjoined while any litigation proceeds. However, employers with 25 or more employees in Florida who do not currently use E-Verify and do not currently retain copies of an employee’s verification documents should prepare to do so by July 1, 2023, in the event that the new statutes take effect as scheduled.

Fragomen is closely monitoring the new Florida laws and will provide updates as developments occur. 

If you have any questions about compliance responsibilities, please contact your designated Fragomen professional or the firm’s Government Strategies and Compliance Group. This alert is for informational purposes only.

Country / Territory

  • United StatesUnited States

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Franceinfo: États-Unis : bientôt une inspection au peigne fin des réseaux sociaux avant d'entrer sur le territoire

Partner K. Edward Raleigh commented on proposed changes to US entry requirements.

Learn more

Video

The Schengen C Visa: What Non-EU Nationals Need to Know About 90/180-Day Travel

Business Immigration Consultant Marisa Gizzi from Fragomen explains everything about the Schengen C Visa: who needs it, how to apply and key travel tips to stay compliant in the Schengen Area. 

Learn more

Media mentions

Toronto Star: Canada Wants to Bring in 1,000 Researchers and Skilled Workers. Here’s What It Will Take

Partner Rick Lamanna discussed Canada’s $1B plan to attract global researchers.

Learn more

Blog post

Tier 1 Investor Visa Extension Deadline | February 2026 UK Update

Manager Alex Hood, Senior Associate Kimberley Ong and Immigration Paralegal Ataa Rajput explain the final extension and settlement deadlines for UK Tier 1 Investor visa holders and outline who can still qualify and why early action is essential.

Learn more

Media mentions

Business Insider: New H-1B Visa Rules Upgrade Some Lottery Applicants — and Squeeze Out Others

Partner K. Edward Raleigh on how the $100K H‑1B fee factors into hiring international talent.

Learn more

Media mentions

China Daily: HK Softens Imbalance in Wealth Migration

Managing Director Magdalene Tennant and Director Kitty Lo highlight Hong Kong as an attractive destination for global investors.

Learn more

Blog post

Countdown to the Italy Winter Games 2026: What You Need to Know Before Travelling

IPM Business Process Manager Hazel Yaman outlines key visa, work authorisation and border considerations for athletes, media, event staff and spectators travelling to Italy for the Milan–Cortina 2026 Olympic and Paralympic Winter Games, including the impact of the EU’s new Entry/Exit System.

Learn more

Media mentions

Gulf News: Moving to the UAE from the UK? Here’s Your Visa Guide for Jobs, Business and Golden Visas

Corporate Services Director Elena Caron highlights key considerations for UK nationals moving to the UAE.

Learn more

Media mentions

People Management: The UK’s Earned Settlement Proposal: What HR Leaders Need to Know

Associates Charlotte Roberts and Karina Casey highlight how the UK’s earned settlement proposal may influence global talent and HR planning.

Learn more

Media mentions

Konfederacja Lewiatan: Procedura legalizacji zatrudnienia cudzoziemców w Polsce po zmianach w 2025 r.

Poland Immigration Strategy Director Tomasz Rogala contributes to Konfederacja Lewiatan’s analysis on 2025 changes to work permits and foreign employment in Poland.

Learn more

Blog post

F and J Visa Updates: Social Media Checks Begin as DHS Proposes New Limits

Associate Alejandro Hernandez analyses new F and J visa screening practices, including social media vetting by US consulates and proposed DHS changes that could significantly alter admission periods for students and exchange visitors.

Learn more

Awards

Fragomen Ireland Awarded the KeepWell Mark by IBEC

Fragomen Ireland is accredited with IBEC’s KeepWell Mark™, recognizing the practice’s commitment to wellbeing, inclusion and responsible business.

Learn more

Media mentions

Franceinfo: États-Unis : bientôt une inspection au peigne fin des réseaux sociaux avant d'entrer sur le territoire

Partner K. Edward Raleigh commented on proposed changes to US entry requirements.

Learn more

Video

The Schengen C Visa: What Non-EU Nationals Need to Know About 90/180-Day Travel

Business Immigration Consultant Marisa Gizzi from Fragomen explains everything about the Schengen C Visa: who needs it, how to apply and key travel tips to stay compliant in the Schengen Area. 

Learn more

Media mentions

Toronto Star: Canada Wants to Bring in 1,000 Researchers and Skilled Workers. Here’s What It Will Take

Partner Rick Lamanna discussed Canada’s $1B plan to attract global researchers.

Learn more

Blog post

Tier 1 Investor Visa Extension Deadline | February 2026 UK Update

Manager Alex Hood, Senior Associate Kimberley Ong and Immigration Paralegal Ataa Rajput explain the final extension and settlement deadlines for UK Tier 1 Investor visa holders and outline who can still qualify and why early action is essential.

Learn more

Media mentions

Business Insider: New H-1B Visa Rules Upgrade Some Lottery Applicants — and Squeeze Out Others

Partner K. Edward Raleigh on how the $100K H‑1B fee factors into hiring international talent.

Learn more

Media mentions

China Daily: HK Softens Imbalance in Wealth Migration

Managing Director Magdalene Tennant and Director Kitty Lo highlight Hong Kong as an attractive destination for global investors.

Learn more

Blog post

Countdown to the Italy Winter Games 2026: What You Need to Know Before Travelling

IPM Business Process Manager Hazel Yaman outlines key visa, work authorisation and border considerations for athletes, media, event staff and spectators travelling to Italy for the Milan–Cortina 2026 Olympic and Paralympic Winter Games, including the impact of the EU’s new Entry/Exit System.

Learn more

Media mentions

Gulf News: Moving to the UAE from the UK? Here’s Your Visa Guide for Jobs, Business and Golden Visas

Corporate Services Director Elena Caron highlights key considerations for UK nationals moving to the UAE.

Learn more

Media mentions

People Management: The UK’s Earned Settlement Proposal: What HR Leaders Need to Know

Associates Charlotte Roberts and Karina Casey highlight how the UK’s earned settlement proposal may influence global talent and HR planning.

Learn more

Media mentions

Konfederacja Lewiatan: Procedura legalizacji zatrudnienia cudzoziemców w Polsce po zmianach w 2025 r.

Poland Immigration Strategy Director Tomasz Rogala contributes to Konfederacja Lewiatan’s analysis on 2025 changes to work permits and foreign employment in Poland.

Learn more

Blog post

F and J Visa Updates: Social Media Checks Begin as DHS Proposes New Limits

Associate Alejandro Hernandez analyses new F and J visa screening practices, including social media vetting by US consulates and proposed DHS changes that could significantly alter admission periods for students and exchange visitors.

Learn more

Awards

Fragomen Ireland Awarded the KeepWell Mark by IBEC

Fragomen Ireland is accredited with IBEC’s KeepWell Mark™, recognizing the practice’s commitment to wellbeing, inclusion and responsible business.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.