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Fairfax County, VA Immigration Policy: E-Verify Mandates (2026)

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Verified 1 week ago|Source: Code of Virginia →

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Key Facts

Statute: VA Code 40.1-11.5
Threshold: $50K plus 50 employees
Scope: State and county contractors
Private floor: Voluntary below threshold

These county ordinances apply to unincorporated areas of Fairfax County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Summary

Virginia Code Section 40.1-11.5 requires state agencies and contractors with 50 or more employees on contracts over $50,000 to use the federal E-Verify system, and Fairfax County applies the rule through procurement compliance.

Full Breakdown

Under VA Code Section 40.1-11.5, every state agency and any contractor performing services on a Virginia public contract over $50,000 with 50 or more employees must enroll in and use the federal E-Verify program to confirm work eligibility for new hires. Fairfax County extends the requirement through its Department of Procurement and Material Management, with bid documents and contract clauses requiring E-Verify enrollment for covered vendors. Private employers below the threshold are not required by state law to use E-Verify, although many federal-facing Tysons and Reston contractors do so voluntarily.

Violations & Fines

Covered contractors who fail to enroll or use E-Verify can face contract termination, debarment from state and county procurement, and audit-related penalties.

Frequently Asked Questions

Do small Fairfax businesses need E-Verify?

Only if they hold a Virginia or county public contract above $50,000 and employ at least 50 workers. Most small private employers are not required to participate in the program.

Can the county add stricter rules?

Limited by Dillon's Rule. Fairfax County can require E-Verify in its own procurement clauses but generally cannot mandate it for unrelated private employers without state authorization.

How does Fairfax County compare?

See how Fairfax County's e-verify mandates rules stack up against other locations.

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Fairfax County, VA Immigration Policy: E-Verify Mandates (2026)

Key Facts

Summary

Full Breakdown

Violations & Fines

Frequently Asked Questions

Sources & Official References

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