E-Verify Requirements in West Virginia: 2026 Employer Guide

West Virginia requires state agencies and contractors to use E-Verify. Private employers not contracting with the state are not mandated.

Mandatory — Public Employers & Contractors

Researched by the I9AuditReady Research Team

Last Updated: April 2026

West 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: W. Va. Code § 21-1B-4
Effective Date: July 1, 2009

Who Must Use E-Verify in West Virginia

West Virginia requires E-Verify for public employers and government contractors.

West Virginia requires state agencies and contractors to use E-Verify. Private employers not contracting with the state are not mandated.

Key Facts: E-Verify in West Virginia

West Virginia requires state agencies and contractors to use E-Verify under W. Va. Code § 21-1B-4, effective July 1, 2009.
West Virginia state contractors must certify E-Verify enrollment as a condition of contract award.
West Virginia does not impose E-Verify requirements on private employers not engaged in state contracting.

Penalties for Non-Compliance in West Virginia

State contractors who fail to comply may be disqualified from state contracts.

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

West Virginia E-Verify: Frequently Asked Questions

Does West Virginia require E-Verify for private employers?

No. West Virginia's E-Verify requirement under W. Va. Code § 21-1B-4 applies to state agencies and contractors. Private businesses without state contracts are not required to use E-Verify.

When did West Virginia's E-Verify requirement take effect?

West Virginia's state agency and contractor E-Verify requirement took effect July 1, 2009.

What do West Virginia government contractors need to do?

West Virginia state contractors must enroll in E-Verify, use it for new employees on state contracts, and certify compliance in their bids.

Do West Virginia private employers need to complete I-9 forms?

Yes. All West Virginia employers must complete Form I-9 for every new hire under federal law. This applies regardless of E-Verify enrollment status.

Nearby State Requirements

Ohio(Voluntary)Kentucky(Voluntary)Virginia(Public only)Maryland(Voluntary)

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