Virginia E-Verify Mandate for State Contractors and Agencies

Virginia Code 40.1-11.2 requires every agency of the Commonwealth to enroll in the federal E-Verify program and use it to verify the employment eligibility of newly hired employees. A separate statute, Code 2.2-4308.2, requires any employer that averaged more than 50 employees over the prior year and enters a contract exceeding $50,000 with a state agency to register for and participate in E-Verify, on penalty of debarment. There is no general private-sector E-Verify mandate in Virginia; employers outside these categories may participate voluntarily.

Failure to enroll in or use E-Verify as required can result in debarment from public contracting under Code 2.2-4308.2, contract termination, and ineligibility to bid on future state contracts. Knowingly employing unauthorized workers may also trigger federal civil and criminal exposure.