Hearing on Mandatory E-Verify

April 24, 2012

On Friday, April 27, the House Judiciary Committee Subcommittee on Immigration Policy and Enforcement will hold a hearing entitled “E-Verify: The Perspective of Employers Who Use It.”  To see the NSBA statement to the subcommittee, click here.

NSBA opposes making E-Verify mandatory and opposes the Legal Workforce Act (H.R. 2885). The bill mandates that all employers in the U.S. use E-Verify to determine that their employees are legal. If passed, small businesses will have 12 to 24 months to comply with the law, depending on their size.

NSBA opposes the Legal Workforce Act because:

  • It would impose significant administrative costs of small businesses;
  • The database has a high error rate;
  • It would place small business in the position of having to retain employees who have received tentative non-confirmations until their status has been clarified even though they are highly likely to be deemed illegal;
  • It presently takes about 100 days to resolve database errors but if the use of E-Verify is made mandatory for all new hires, the time to resolve errors is likely to be vastly longer than it is at present;
  • Hundreds of thousands of ordinary American citizens may have their employment status endangered by E-Verify; and
  • The bill would impose draconian penalties on small business owners that fail to use the system.

To see NSBA’s letter to the House regarding E-Verify, click here.