[author: David B. Weisenfeld, XpertHR Legal Editor]
On December 1, 2012, Virginia joined the growing number of states with mandatory E-Verify requirements. Under HB 737, all Virginia government agencies shall be required to be enrolled in the federal E-Verify program. The agencies must use the E-Verify program for each newly-hired employee who is to perform work within Virginia.
The new law is not as broad as measures in some other states because it does not apply to private employers. However, more Virginia employers will be subject to mandatory E-Verify requirements as of this time next year.
That's because as of December 1, 2013, state contractors entering into a contract of more than $50,000 with any Virginia agency, and that have averaged 50 or more employees for the previous 12 months, shall be required to register and participate in E-Verify to verify work authorization of their newly-hired employees.
Any employer that fails to comply with this provision will be barred from contracting with any Commonwealth agency for a period of up to one year. This penalty shall end if the employer registers and participates in the E-Verify program.
Recruiting and Hiring > Preemployment Screening and Testing > Using E-Verify to Check Immigration Status
Recruiting and Hiring > Preemployment Screening and Testing: Virginia