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.
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.
Covered contractors who fail to enroll or use E-Verify can face contract termination, debarment from state and county procurement, and audit-related penalties.
See how Herndon's e-verify mandates rules stack up against other locations.
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