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Summary of differences between federal and state regulations
Federal contractors who receive qualifying contracts must participate in the E-Verify Program, using it to verify new employees and existing employees assigned to a federal contract (qualifying federal contractors may choose to verify the entire workforce). Employers without federal contracts are not required by federal law to use E-Verify, but they may be required to do so by state law.
In Virginia, state agencies are required to enroll in E-Verify and use it to verify the work authorization of each newly hired employee.
State contractors with more than an average of 50 employees working in the state for the previous 12 months and a contract of at least $50,000 to register and participate in the E-Verify program. Contractors must verify the work authorization of newly hired employees performing work on these state contracts. Failure to comply with the law will result in a one-year debarment from contracting with any state agency.