{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/40.1-11.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/40.1-11.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/40.1-11.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/40.1-11.1.html"}],"law_id":70693,"edition_id":1,"section_id":70693,"structure_id":13551,"section_number":"40.1-11.1","catch_line":"Employment of illegal immigrants","history":"1977, c. 438; 1979, c. 472.","full_text":"It shall be unlawful and constitute a Class 1 misdemeanor for any employer or any person acting as an agent for an employer, or any person who, for a fee, refers an alien who cannot provide documents indicating that he or she is legally eligible for employment in the United States for employment to an employer, or an officer, agent or representative of a labor organization to knowingly employ, continue to employ, or refer for employment any alien who cannot provide documents indicating that he or she is legally eligible for employment in the United States.\n\t\tPermits issued by the United States Department of Justice authorizing an alien to work in the United States shall constitute proof of eligibility for employment.\n\t\tAll employment application forms used by State and local governments and privately owned businesses operating in the Commonwealth on and after January 1, 1978, shall ask prospective employees if they are legally eligible for employment in the United States.\n\t\tThe provisions of this section shall not be deemed to require any employer to use employment application forms.","order_by":null,"text":{"0":{"id":255005,"text":"It shall be unlawful and constitute a Class 1 misdemeanor for any employer or any person acting as an agent for an employer, or any person who, for a fee, refers an alien who cannot provide documents indicating that he or she is legally eligible for employment in the United States for employment to an employer, or an officer, agent or representative of a labor organization to knowingly employ, continue to employ, or refer for employment any alien who cannot provide documents indicating that he or she is legally eligible for employment in the United States.\n\t\tPermits issued by the United States Department of Justice authorizing an alien to work in the United States shall constitute proof of eligibility for employment.\n\t\tAll employment application forms used by State and local governments and privately owned businesses operating in the Commonwealth on and after January 1, 1978, shall ask prospective employees if they are legally eligible for employment in the United States.\n\t\tThe provisions of this section shall not be deemed to require any employer to use employment application forms.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13551,"edition_id":1,"name":"Department of Labor and Industry","identifier":"1","label":"chapter","depth":2,"order_by":1,"parent_id":12776,"metadata":{},"date_created":"2026-06-26 03:45:12","date_modified":"2026-06-26 03:45:12","permalink":{"id":219725,"object_type":"structure","relational_id":13551,"identifier":"1","token":"40.1\/1","url":"\/40.1\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12776,"edition_id":1,"name":"Labor and Employment","identifier":"40.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":219723,"object_type":"structure","relational_id":12776,"identifier":"40.1","token":"40.1","url":"\/40.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":66836,"structure_id":13551,"section_number":"40.1-1","catch_line":"Department continued; powers and duties generally; delegation of authority concerning occupational health","url":"\/40.1-1\/","token":"40.1\/1\/40.1-1","metadata":false},{"id":72235,"structure_id":13551,"section_number":"40.1-10","catch_line":"Offenses in regard to examinations, inspections, etc","url":"\/40.1-10\/","token":"40.1\/1\/40.1-10","metadata":false},{"id":57321,"structure_id":13551,"section_number":"40.1-11","catch_line":"Using or revealing information gathered","url":"\/40.1-11\/","token":"40.1\/1\/40.1-11","metadata":false},{"id":70693,"structure_id":13551,"section_number":"40.1-11.1","catch_line":"Employment of illegal immigrants","url":"\/40.1-11.1\/","token":"40.1\/1\/40.1-11.1","metadata":false},{"id":69209,"structure_id":13551,"section_number":"40.1-11.2","catch_line":"Participation in E-Verify program","url":"\/40.1-11.2\/","token":"40.1\/1\/40.1-11.2","metadata":false},{"id":54516,"structure_id":13551,"section_number":"40.1-11.3","catch_line":"Human trafficking hotline; posted notice required; civil penalty","url":"\/40.1-11.3\/","token":"40.1\/1\/40.1-11.3","metadata":false},{"id":85128,"structure_id":13551,"section_number":"40.1-11.4","catch_line":"Seizure first aid posters","url":"\/40.1-11.4\/","token":"40.1\/1\/40.1-11.4","metadata":false},{"id":55221,"structure_id":13551,"section_number":"40.1-2","catch_line":"Definitions","url":"\/40.1-2\/","token":"40.1\/1\/40.1-2","metadata":false},{"id":54650,"structure_id":13551,"section_number":"40.1-2.01","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail","url":"\/40.1-2.01\/","token":"40.1\/1\/40.1-2.01","metadata":false},{"id":56195,"structure_id":13551,"section_number":"40.1-2.1","catch_line":"Application of title to Commonwealth and its agencies, etc.; safety and health program for public employees","url":"\/40.1-2.1\/","token":"40.1\/1\/40.1-2.1","metadata":false},{"id":64264,"structure_id":13551,"section_number":"40.1-3","catch_line":"Title provides for safety, health and welfare of employees","url":"\/40.1-3\/","token":"40.1\/1\/40.1-3","metadata":false},{"id":59713,"structure_id":13551,"section_number":"40.1-4","catch_line":"Repealed","url":"\/40.1-4\/","token":"40.1\/1\/40.1-4","metadata":false},{"id":79387,"structure_id":13551,"section_number":"40.1-4.1","catch_line":"Annual report","url":"\/40.1-4.1\/","token":"40.1\/1\/40.1-4.1","metadata":false},{"id":71671,"structure_id":13551,"section_number":"40.1-5","catch_line":"Governor to appoint Commissioner of Labor and Industry","url":"\/40.1-5\/","token":"40.1\/1\/40.1-5","metadata":false},{"id":63744,"structure_id":13551,"section_number":"40.1-6","catch_line":"Powers and duties of Commissioner","url":"\/40.1-6\/","token":"40.1\/1\/40.1-6","metadata":false},{"id":75840,"structure_id":13551,"section_number":"40.1-7","catch_line":"Attorney for the Commonwealth to prosecute on request of Commissioner","url":"\/40.1-7\/","token":"40.1\/1\/40.1-7","metadata":false},{"id":72858,"structure_id":13551,"section_number":"40.1-8","catch_line":"Other officers to furnish information; protected health information under certain circumstances","url":"\/40.1-8\/","token":"40.1\/1\/40.1-8","metadata":false},{"id":64141,"structure_id":13551,"section_number":"40.1-9","catch_line":"How Department maintained","url":"\/40.1-9\/","token":"40.1\/1\/40.1-9","metadata":false}],"previous_section":{"id":57321,"structure_id":13551,"section_number":"40.1-11","catch_line":"Using or revealing information gathered","url":"\/40.1-11\/","token":"40.1\/1\/40.1-11","metadata":false},"next_section":{"id":69209,"structure_id":13551,"section_number":"40.1-11.2","catch_line":"Participation in E-Verify program","url":"\/40.1-11.2\/","token":"40.1\/1\/40.1-11.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/40.1-11.1\/","history_text":"

This law was first created in 1977. The record of its establishment is cataloged in chapter 438 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1977 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 1979, chapter 472.<\/p>","references":false,"refers_to":false,"permalink":{"id":219739,"object_type":"law","relational_id":70693,"identifier":"40.1-11.1","token":"40.1\/1\/40.1-11.1","url":"\/40.1-11.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/40.1-11.1\/","token":"40.1\/1\/40.1-11.1","dublin_core":{"Title":"Employment of illegal immigrants","Type":"Text","Format":"text\/html","Identifier":"\u00a7 40.1-11.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

It shall be unlawful and constitute a Class 1 misdemeanor<\/span> for any employer<\/span> or any person acting as an agent for an employer<\/span>, or any person who, for a fee, refers an alien who cannot provide documents indicating that he or she is legally eligible for employment in the United States for employment to an employer<\/span>, or an officer, agent or representative of a labor organization to knowingly employ<\/span>, continue to employ<\/span>, or refer for employment any alien who cannot provide documents indicating that he or she is legally eligible for employment in the United States.\n\t\tPermits issued by the United States Department<\/span> of Justice authorizing an alien to work in the United States shall constitute proof of eligibility for employment.\n\t\tAll employment application forms used by State and local governments and privately owned businesses operating in the Commonwealth on and after January 1, 1978, shall ask prospective employees<\/span> if they are legally eligible for employment in the United States.\n\t\tThe provisions of this section shall not be deemed to require any employer<\/span> to use employment application forms.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEMPLOYMENT OF ILLEGAL IMMIGRANTS (\u00a7 40.1-11.1)\n\nIt shall be unlawful and constitute a Class 1 misdemeanor for any employer or\nany person acting as an agent for an employer, or any person who, for a fee,\nrefers an alien who cannot provide documents indicating that he or she is\nlegally eligible for employment in the United States for employment to an\nemployer, or an officer, agent or representative of a labor organization to\nknowingly employ, continue to employ, or refer for employment any alien who\ncannot provide documents indicating that he or she is legally eligible for\nemployment in the United States.\n\t\tPermits issued by the United States Department of Justice authorizing an alien\nto work in the United States shall constitute proof of eligibility for\nemployment.\n\t\tAll employment application forms used by State and local governments and\nprivately owned businesses operating in the Commonwealth on and after January 1,\n1978, shall ask prospective employees if they are legally eligible for\nemployment in the United States.\n\t\tThe provisions of this section shall not be deemed to require any employer to\nuse employment application forms.\n\nHISTORY: 1977, c. 438; 1979, c. 472.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}