E-Verify Requirements in Virginia: 2026 Employer Guide
Virginia requires all state agencies and contractors to use E-Verify. Private employers without government contracts are not mandated.
Mandatory — Public Employers & ContractorsResearched by the I9AuditReady Research Team
·Last Updated: April 2026
Virginia E-Verify at a Glance
- Requirement Level
- Mandatory — Public Employers & Contractors
- Applies To
- State agencies and state contractors
- Employee Threshold
- All employers
- Key Statute
- Va. Code § 2.2-4308.2
- Effective Date
- December 1, 2012
Who Must Use E-Verify in Virginia
Virginia requires E-Verify for public employers and government contractors.
Virginia requires all state agencies and contractors to use E-Verify. Private employers without government contracts are not mandated.
Key Facts: E-Verify in Virginia
- Virginia requires all state agencies and their contractors to use E-Verify under Va. Code § 2.2-4308.2, effective December 1, 2012.
- Virginia state contractors must certify E-Verify compliance in all state contract bids.
- Virginia's proximity to federal agencies means a significant portion of its employers are federal contractors separately required to use E-Verify.
Penalties for Non-Compliance in Virginia
State contractors who fail to certify E-Verify compliance may be debarred from state contracts for up to 1 year.
Note: Federal I-9 penalties apply in addition to any state E-Verify penalties. Consulting employment counsel is advisable before responding to any state or federal enforcement action.
Exceptions and Exemptions
- Private employers not contracting with state government
Virginia E-Verify: Frequently Asked Questions
Does Virginia require E-Verify for private businesses?
No. Virginia's E-Verify mandate under Va. Code § 2.2-4308.2 applies to state agencies and contractors. Private businesses without government contracts are not required to use E-Verify.
When did Virginia's E-Verify requirement take effect?
Virginia's state agency and contractor E-Verify requirement took effect December 1, 2012.
What must Virginia state contractors do to comply?
Virginia state contractors must enroll in E-Verify, use it for all new employees on state contracts, certify compliance during bidding, and extend the requirement to subcontractors.
Do Virginia private employers need I-9 forms?
Yes. All Virginia employers must complete Form I-9 for every new hire under federal law. This is separate from any state E-Verify requirement.
Nearby State Requirements
Are Your I-9s Audit-Ready?
E-Verify compliance starts with error-free I-9 forms. Use our free fine calculator to see your potential exposure, or start your I-9 audit today.