Trent Cotney, Attorney & Partner, Adams & Reese
Florida’s roofing sector continues to face a stubborn labor shortage as the state’s rapid growth collides with tightening federal enforcement and new state mandates on employment verification. Contractors who once relied on a steady flow of experienced foreign workers now find hiring and retention more complex and missteps can lead to stiff penalties, project delays or even criminal exposure. The good news is that proactive planning can transform immigration uncertainty into a competitive advantage. The following guidance, grounded in current federal rules and Florida’s latest statutes, lays out practical measures roofing employers can adopt today to protect their businesses and their workforce.
First, double‑check your Form I‑9 process from the ground up. The latest version of the I‑9, released in August 2023, must be used for every new hire. Florida law now requires private employers with 25 or more employees to run each new hire through E‑Verify and the statute directs Florida Commerce to audit records for at least three of the preceding calendar years. Set up a calendar reminder so completed I‑9s and E‑Verify confirmations are retained for the longer of three years after the date of hire or one year after the date of termination. Train the front‑line human resources staff who actually handle onboarding because inconsistent practice is the most common source of fines.
Next, conduct an internal audit before the government does it for you. Pull a random sample of I‑9 files, confirm the form version, verify that every applicable box is complete and correct minor technical errors with the guidance of counsel. If you discover potential knowingly‑hiring violations, consult counsel before making any changes. An internal audit not only uncovers mistakes but also establishes a good‑faith narrative that can mitigate civil penalties under 8 U.S.C. § 1324a.
Consider enrolling in the IMAGE program, the ICE Mutual Agreement between Government and Employers. Although participation is voluntary, companies that pass the program’s rigorous compliance review often receive reduced fine ranges and may avoid repeated audits. If joining IMAGE feels too burdensome (or risky), adopt its core elements: a written immigration‑compliance policy, annual self‑audits and documented training for staff and supervisors.
Because the domestic labor pool is shrinking, explore lawful visa options early in the construction season. The H‑2B temporary non‑agricultural worker program remains the best fit for roofing crews but competition for the 66,000 annual‑cap visas is fierce. Employers that file during the first three business days of the semi‑annual window and request a returning‑worker carve‑out typically stand the greatest chance of success. If your workflow peaks during Florida’s rainy months, petition for the second‑half allotment, jobs starting April 1 through September 30, and prepare the prevailing‑wage determination at least two months in advance. Some contractors have also used the TN classification for Canadian production managers or engineers who oversee multiple worksites; while not a crew solution, this visa can backfill key technical roles.
Retention is as important as recruitment. Documented and undocumented workers alike are more likely to stay when employers invest in English‑language tutoring, safety certifications and clear paths to advancement. Pair new hires with bilingual mentors who reinforce safety culture and productivity expectations. A small tuition reimbursement program for safety coursework often costs less than the profit lost to rehiring.
Do not ignore compliance duties once crews are on the roof. Unannounced site visits from the Department of Homeland Security or state agencies are becoming more common. Designate one prepared supervisor to greet agents, verify the scope of any investigation or warrant and direct the crew to a break area while the documentation is reviewed.
Contract language is another overlooked tool. When subcontracting, include an immigration compliance warranty that requires the subcontractor to maintain I‑9s, use E‑Verify and indemnify the prime contractor for any resulting fines. Tie payment releases to written certification that all employment verification obligations have been met. For new bids, adjust scheduling clauses so force‑majeure language encompasses visa allocation shortfalls and government processing delays; that allocation risk should not sit solely on the contractor’s balance sheet.
Community partnerships can stretch limited resources. Local vocational schools often have adult‑education grants that subsidize English-as-a Second‑Language classes delivered after hours at a jobsite. Non‑profit legal clinics can assist employees in assembling immigration‑benefits packages, which in turn reduces turnover.
Finally, join the policy conversation. Provide written testimony explaining how visa caps and lagging processing times drive up project costs and dampen hurricane‑recovery efforts. Contractors are uniquely positioned to show that immigration enforcement and economic growth are not mutually exclusive. Lawmakers often temper enforcement‑only bills when employers present credible data on lost production.
Immigration will remain a moving target but roofing employers who combine scrupulous compliance with forward‑looking workforce strategies can insulate themselves from enforcement shocks and position their companies as employers of choice. The steps outlined above – diligent I‑9 practices, early visa planning, thoughtful retention investments, airtight contract clauses and active advocacy – do not eliminate risk but they place that risk inside a managed framework. With market demand for qualified crews at an all‑time high, staying ahead of immigration pressures may be the most profitable safety measure a Florida roofing contractor can take.
The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation. Trent Cotney is a Partner and Construction Team Leader at the law firm of Adams & Reese and FRSA General Counsel. You can reach him at trent.cotney@arlaw.com or 866-303-5868.
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