Gaps in E-Verify Put Roofing Contractors at Risk of Immigration Violations

(FLORIDA) Roofing companies across the state face rising exposure to immigration violations as E‑Verify requirements expand and enforcement tightens, even while federal officials concede the system has gaps that can trip up compliant employers. As of August 29, 2025, roofing contractors are squarely in the crosshairs of stepped-up audits and surprise inspections, with proposals in the Legislature to extend E‑Verify mandates to every business and raise fines that could cripple small firms.

Florida already requires private employers with 25 or more workers to use E‑Verify to confirm work eligibility. Lawmakers are now considering bills for the 2025 session—HB 955, HB 1033, SB 782, and SB 149—that would close remaining carve-outs and apply the mandate to all employers, including small roofing contractors. The measures also expand penalties, with fines ranging from $10,000 to $500,000 and the threat of business license suspension. Industry lawyers say that mix of universal coverage and steep punishment is driving rapid changes in hiring and recordkeeping, even for crews that historically handled onboarding with a clipboard at the jobsite.

At the same time, federal enforcement has intensified. Roofing contractors report more frequent unannounced worksite visits, deeper reviews of hiring files, and tighter follow-up on minor mistakes. Agencies are coordinating in new ways: I‑9 audits can trigger payroll reviews, while a tip or a mismatch in E‑Verify can lead to a wider look at a company’s broader practices.

The Department of Homeland Security has said E‑Verify is a strong tool, but not perfect. Delays in database updates, record mismatches, and identity fraud can still allow unauthorized workers to slip through or, in some cases, flag authorized workers by mistake. That reality means a roofing company can complete every E‑Verify step and still face liability if other parts of its compliance program fall short.

According to analysis by VisaVerge.com, this “double squeeze” is especially hard on roofing contractors because of two long‑standing truths: chronic labor shortages, and heavy reliance on immigrant workers for both skilled and entry‑level roles. In a market where crews are stretched thin, taking longer to verify new hires, fix mismatches, and manage Tentative Nonconfirmations adds pressure to already tight project timelines. When contractors fall behind on paperwork, the exposure grows. Missed deadlines, inconsistent onboarding, and sloppy storage of forms can each turn into costly violations.

Policy escalation in Florida

The 2023 Florida law set a clear baseline: private employers with at least 25 employees must use E‑Verify for every new hire. Employers must keep verification records and be ready to show them during an audit.

Now, the 2025 bills aim to make E‑Verify universal, expanding enforcement tools and raising penalties. For roofing contractors, the key takeaways are simple but strict:

• E‑Verify checks must be completed for every new employee, not just field workers.
• Records must be retained for the longer of three years after the hire date or one year after the end of employment.
• Failure to verify or to keep proof of verification can trigger fines, contract loss, and license action.

Lawmakers backing these bills say the goal is protecting jobs and stopping abuse of illegal labor. Some contractors counter that broader mandates without system upgrades will slow hiring and increase paperwork without fully stopping identity fraud. Both points can be true: E‑Verify blocks many unauthorized hires but can’t catch every forged identity, and it does add process time to fast‑moving construction sites.

Compliance gaps and real‑world impact

Roofing companies face a simple legal standard: they must complete the federal employment eligibility check correctly and on time for every new hire. In practice, doing so is complex in a high‑turnover, distributed workforce.

Workers may start on a storm repair crew before HR sees their documents. A superintendent might photocopy an ID but forget to transmit it. A Tentative Nonconfirmation may arrive while a worker is already on a roof, with a narrow clock to resolve it. These everyday issues collide with stricter oversight.

Employers report that inspections now dig into:

• Use of the correct, current Form I‑9 for every new hire
• Timely E‑Verify submissions and resolution of Tentative Nonconfirmations
• Consistent treatment of all workers to avoid discrimination
• Record retention and secure storage, including digital logs and access controls

The August 2023 update to the Form I‑9 streamlined sections and introduced a remote document review option for qualified employers. But the legal duty remains: every new hire must complete the form, and the employer must examine documents that reasonably appear genuine. Roofing contractors should confirm they are using the latest form version. The current Form I‑9 and instructions are available on the U.S. Citizenship and Immigration Services website at Form I‑9.

Federal and state officials say roofing and construction attract special attention because unauthorized workers are more common in these trades, and safety risks are higher. That focus brings ripple effects: crews that can’t pass checks leave job openings that are hard to fill, and project schedules slip. Some contractors say they’re now building extra time into bids to cover onboarding and verification. Others are assigning a single manager to own I‑9s and E‑Verify across all sites, replacing the old practice of letting each foreman handle paperwork.

Legal advisors urge a “defense in depth” approach. E‑Verify alone won’t protect a company if other controls are weak. Trent Cotney, an attorney and partner at Adams & Reese who represents construction firms, urges roofing employers to pair strict compliance with workforce planning that anticipates shortages and builds lawful pipelines for hiring. In plain terms: train your team, standardize steps, and plan ahead for busy seasons so paperwork doesn’t get rushed.

What roofing contractors should do now

To reduce risk and keep projects moving, roofing contractors can implement a clear, repeatable process:

1. Use the latest Form I‑9 for all new hires, and ensure the employee completes Section 1 no later than their first day of work for pay.
2. Submit new hire data to E‑Verify within three business days of the start date.
3. Keep I‑9s and E‑Verify confirmations for at least three years after the hire date or one year after employment ends, whichever is later.
4. Train HR staff, site supervisors, and anyone who helps with hiring so everyone follows the same steps.
5. Conduct regular internal audits. Fix errors you find, and document corrections.
6. Prepare a plan for inspections: designate a point of contact, organize records, and brief managers on how to respond calmly and lawfully.
7. Track changes to Florida law and adjust onboarding immediately if the Legislature expands E‑Verify to all employers.

Employers should also know their rights and duties when a Tentative Nonconfirmation occurs. The worker must be told about the result promptly and given the chance to contest it within E‑Verify timelines. Failing to follow that process can lead to claims of unfair treatment. The DHS E‑Verify program provides official guidance, tutorials, and enrollment information at the E‑Verify website.

Enforcement continues to rise. Audits now review whether companies apply the same standards to all employees, avoid asking for extra documents from some workers, and correct mistakes rather than ignoring them. Roofing contractors should expect more site visits and more questions about subcontractor practices. Even if a prime contractor follows perfect procedures, hiring a subcontractor that ignores E‑Verify can pull the whole project into an investigation, with damage to schedules and reputations.

Stakes, penalties, and the future

The stakes are high. Penalties in proposed Florida bills climb to $500,000, alongside threats of license suspension. Federal actions can include fines per violation, orders to fire workers who cannot be verified, and debarment from certain contracts. For a roofing business, that can mean delayed jobs, lost bids, and higher insurance costs. It can also harm relationships with builders and homeowners who depend on reliable timelines, especially after storms.

Some in the industry hope for technology upgrades that reduce false mismatches and speed up approvals. Federal agencies have signaled plans to improve data sharing and integration, but they also caution that no system can fully stop identity fraud. For now, roofing contractors should treat E‑Verify as one layer in a larger compliance shield. The basics—accurate Form I‑9 completion, timely checks, and strong records—remain the best defense against immigration violations.

There is also talk in Washington about a nationwide E‑Verify mandate for all employers. If that happens, Florida firms would face fewer state‑by‑state differences when they bid work across lines, but the compliance burden would extend to every job, no matter where the crew is based. Attorneys who track multi‑agency enforcement note that roofing has already become a priority sector. Companies that move first on training and auditing will be better positioned if federal rules expand.

Roofing contractors often ask whether strict compliance will worsen the labor crunch. In the short term, it can. Workers who lack documents will not pass checks, and some may avoid high‑scrutiny jobsites. Over time, though, clear rules and consistent processes can stabilize hiring by reducing churn tied to paperwork errors. Employers who invest in legal hiring channels, apprenticeship programs, and fair pay often find it easier to keep crews intact through busy seasons.

The bottom line for Florida’s roofing industry is simple but urgent: E‑Verify is expanding. Enforcement is intensifying. System gaps mean companies must do more than run a check; they must build a reliable process around it.
Firms that move quickly to train staff, audit files, and prepare for inspections will reduce risk, protect licenses, and keep jobs on schedule. Those that wait could find a routine payroll check turning into a costly investigation.