NFIB Talking Points: Employee Verification

Based on the input from our members, employers that are hiring illegal immigrants should be prosecuted and penalized. However, NFIB remains concerned about how quickly and efficiently a government-run, nationwide electronic verification system can be put in place, and how small businesses will be treated under such a system.

NFIB supports legislative efforts to:

• Cap penalties on small business--a $10,000 fine to Wal-Mart would not have the same impact as the same fine imposed on a small business
• Reduce penalties on first-time, small-business offenders
• Prohibit penalties for any good faith violations
• Prevent criminal penalties from being assessed on small businesses who have made a "good faith" effort to comply with the law
• Provide a safe harbor for contractors--contractors would not be liable if one of their subcontractors hired an illegal immigrant
• Protect employers from liability if the verification system returns incorrect information on a worker
• Allow for a slow phase-in of the new system to give small businesses time to adjust and comply with the new regulations and costs
• Guarantee a quick turn around on verification requests--one week or less
• Ensure businesses are not liable for the government’s verification mistakes
• Provide a waiver for first time offenses determined to be done while making a "good faith" effort to follow the law
• Give employers a choice between using the Internet or phone system
• Minimize the amount of paperwork an employer will have to maintain
• Provide a simple, expedited appeal process for disputed offenses between the government and small businesses