{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-1946.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-1946.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-1946.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-1946.html"}],"law_id":72998,"edition_id":1,"section_id":72998,"structure_id":12836,"section_number":"63.2-1946","catch_line":"Virginia New Hire Reporting Center; State Directory of New Hires; reporting by employers","history":"1998, c. 108, \u00a7 63.1-274.11; 2002, c. 747; 2013, c. 329; 2020, c. 722.","full_text":"A\n\nFor the purposes of this section:\n\t\t\t“New independent contractor” means an independent contractor who (i) has not previously had a contract with an employer or (ii) had previously entered into a contract and has received a payment pursuant to the agreement after receiving no payments for at least 60 consecutive days.\n\t\t\t“Newly hired employee” means an individual in employment, as defined in § 60.2-212, who (i) has not previously been in the employment of the employer or (ii) was previously in the employment of the employer but has been separated from such prior employment for at least 60 consecutive days.B\n\nThe Virginia New Hire Reporting Center shall be operated under the authority of the Division of Child Support Enforcement. The Center shall operate and maintain the Virginia State Directory of New Hires. The Center is authorized to share information with the Virginia Employment Commission.C\n\nEach employing unit shall submit information concerning each newly hired employee to the Center within 20 days of the employment, as defined in § 60.2-212, of the newly hired employee. The information shall include the items required by § 453A of the Social Security Act, 42 U.S.C. § 653a, as amended.D\n\nAny employer that contracts with an independent contractor shall submit information concerning each new independent contractor to the Center within 20 days of the start of the contract. The information shall include items required by § 453A of the Social Security Act, 42 U.S.C. § 653a, as amended.E\n\nEmployers who transmit such reports magnetically or electronically shall, if necessary, report by two monthly transmissions not less than 12 days nor more than 16 days apart. Employers that have employees who are employed in or independent contractors who are contracted to provide services in two or more states and that transmit reports magnetically or electronically may comply by designating one state in which such employer has employees or independent contractors to which the employer will transmit the report and transmitting such report to such state. Such employers shall notify the federal Secretary of Health and Human Services in writing as to which state is designated for the purpose of sending reports and shall provide a copy of that notification to the Virginia New Hire Reporting Center.F\n\nEmployers shall not report an employee or independent contractor of a state agency performing intelligence or counterintelligence functions, if the head of such agency has determined that such reporting could endanger the safety of the employee or independent contractor or compromise an ongoing investigation or intelligence mission.G\n\nInformation to be provided shall include only that information that is required by federal law. This information may be provided by mailing a copy of the employee’s W-4 form or the independent contractor’s W-9 form, transmitting information magnetically or electronically in the prescribed format or by any other means determined by the Virginia New Hire Reporting Center to result in timely reporting. Within three business days after the date information regarding a newly hired employee or new independent contractor is entered into the Virginia State Directory of New Hires, the Center shall furnish the information to the National Directory of New Hires established under § 453(i) of the Social Security Act, as amended.H\n\nThe Division of Child Support Enforcement shall use information received pursuant to this section to locate individuals for purposes of establishing paternity and establishing, modifying, and enforcing child support obligations and may disclose such information in accordance with existing law to carry out such purposes. The Division shall have access to information reported by employers pursuant to this section.I\n\nThe Board shall have the authority to adopt regulations as necessary, consistent with the federal law and its implementing regulations, to administer this provision, including any exemptions and waivers that are needed to reduce unnecessary or burdensome reporting.","order_by":null,"text":{"0":{"id":262903,"text":"For the purposes of this section:\n\t\t\t“New independent contractor” means an independent contractor who (i) has not previously had a contract with an employer or (ii) had previously entered into a contract and has received a payment pursuant to the agreement after receiving no payments for at least 60 consecutive days.\n\t\t\t“Newly hired employee” means an individual in employment, as defined in § 60.2-212, who (i) has not previously been in the employment of the employer or (ii) was previously in the employment of the employer but has been separated from such prior employment for at least 60 consecutive days.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":262904,"text":"The Virginia New Hire Reporting Center shall be operated under the authority of the Division of Child Support Enforcement. The Center shall operate and maintain the Virginia State Directory of New Hires. The Center is authorized to share information with the Virginia Employment Commission.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":262905,"text":"Each employing unit shall submit information concerning each newly hired employee to the Center within 20 days of the employment, as defined in § 60.2-212, of the newly hired employee. The information shall include the items required by § 453A of the Social Security Act, 42 U.S.C. § 653a, as amended.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":262906,"text":"Any employer that contracts with an independent contractor shall submit information concerning each new independent contractor to the Center within 20 days of the start of the contract. The information shall include items required by § 453A of the Social Security Act, 42 U.S.C. § 653a, as amended.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":262907,"text":"Employers who transmit such reports magnetically or electronically shall, if necessary, report by two monthly transmissions not less than 12 days nor more than 16 days apart. Employers that have employees who are employed in or independent contractors who are contracted to provide services in two or more states and that transmit reports magnetically or electronically may comply by designating one state in which such employer has employees or independent contractors to which the employer will transmit the report and transmitting such report to such state. Such employers shall notify the federal Secretary of Health and Human Services in writing as to which state is designated for the purpose of sending reports and shall provide a copy of that notification to the Virginia New Hire Reporting Center.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":262908,"text":"Employers shall not report an employee or independent contractor of a state agency performing intelligence or counterintelligence functions, if the head of such agency has determined that such reporting could endanger the safety of the employee or independent contractor or compromise an ongoing investigation or intelligence mission.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":262909,"text":"Information to be provided shall include only that information that is required by federal law. This information may be provided by mailing a copy of the employee’s W-4 form or the independent contractor’s W-9 form, transmitting information magnetically or electronically in the prescribed format or by any other means determined by the Virginia New Hire Reporting Center to result in timely reporting. Within three business days after the date information regarding a newly hired employee or new independent contractor is entered into the Virginia State Directory of New Hires, the Center shall furnish the information to the National Directory of New Hires established under § 453(i) of the Social Security Act, as amended.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":262910,"text":"The Division of Child Support Enforcement shall use information received pursuant to this section to locate individuals for purposes of establishing paternity and establishing, modifying, and enforcing child support obligations and may disclose such information in accordance with existing law to carry out such purposes. The Division shall have access to information reported by employers pursuant to this section.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":262911,"text":"The Board shall have the authority to adopt regulations as necessary, consistent with the federal law and its implementing regulations, to administer this provision, including any exemptions and waivers that are needed to reduce unnecessary or burdensome reporting.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"ancestry":[{"id":12836,"edition_id":1,"name":"Administrative Remedies","identifier":"8","label":"article","depth":4,"order_by":1,"parent_id":12835,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":272687,"object_type":"structure","relational_id":12836,"identifier":"8","token":"63.2\/V\/19\/8","url":"\/63.2\/V\/19\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12835,"edition_id":1,"name":"Child Support Enforcement","identifier":"19","label":"chapter","depth":3,"order_by":1,"parent_id":12834,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":272433,"object_type":"structure","relational_id":12835,"identifier":"19","token":"63.2\/V\/19","url":"\/63.2\/V\/19\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12834,"edition_id":1,"name":"Administrative Child Support","identifier":"V","label":"subtitle","depth":2,"order_by":1,"parent_id":12789,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":272431,"object_type":"structure","relational_id":12834,"identifier":"V","token":"63.2\/V","url":"\/63.2\/V\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12789,"edition_id":1,"name":"Welfare (Social Services)","identifier":"63.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":270661,"object_type":"structure","relational_id":12789,"identifier":"63.2","token":"63.2","url":"\/63.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":53984,"structure_id":12836,"section_number":"63.2-1944","catch_line":"Employee debtor rights protected; limitation","url":"\/63.2-1944\/","token":"63.2\/V\/19\/8\/63.2-1944","metadata":false},{"id":69441,"structure_id":12836,"section_number":"63.2-1945","catch_line":"Assignment of earnings to be honored; inapplicability of \u00a7 40.1-31","url":"\/63.2-1945\/","token":"63.2\/V\/19\/8\/63.2-1945","metadata":false},{"id":72998,"structure_id":12836,"section_number":"63.2-1946","catch_line":"Virginia New Hire Reporting Center; State Directory of New Hires; reporting by employers","url":"\/63.2-1946\/","token":"63.2\/V\/19\/8\/63.2-1946","metadata":false}],"previous_section":{"id":69441,"structure_id":12836,"section_number":"63.2-1945","catch_line":"Assignment of earnings to be honored; inapplicability of \u00a7 40.1-31","url":"\/63.2-1945\/","token":"63.2\/V\/19\/8\/63.2-1945","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-1946\/","history_text":"

This law was first created in 1998. The record of its establishment is cataloged in chapter 108<\/a> 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. It has been modified 3 times. 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. Those modifications are as follows: in 2002, chapter 747<\/a>; in 2013, chapter 329<\/a>; in 2020, chapter 722<\/a>.<\/p>","references":false,"refers_to":[{"id":54032,"section_number":"60.2-212","catch_line":"Employment","order_by":null,"url":"\/60.2-212\/"}],"permalink":{"id":272697,"object_type":"law","relational_id":72998,"identifier":"63.2-1946","token":"63.2\/V\/19\/8\/63.2-1946","url":"\/63.2-1946\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-1946\/","token":"63.2\/V\/19\/8\/63.2-1946","dublin_core":{"Title":"Virginia New Hire Reporting Center; State Directory of New Hires; reporting by employers","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-1946","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For the purposes of this section:\n\t\t\t“New independent contractor<\/span>” means an independent contractor who (i) has not previously had a contract<\/span> with an employer<\/span> or (ii) had previously entered into a contract<\/span> and has received a payment pursuant to the agreement after receiving no payments for at least 60 consecutive days.\n\t\t\t“Newly hired employee<\/span>” means an individual in employment<\/span>, as defined in § 60.2-212<\/a>, who (i) has not previously been in the employment<\/span> of the employer<\/span> or (ii) was previously in the employment<\/span> of the employer<\/span> but has been separated from such prior employment<\/span> for at least 60 consecutive days. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Virginia New Hire Reporting Center shall be operated under the authority of the Division of Child<\/span> Support Enforcement. The Center shall operate and maintain the Virginia State Directory of New Hires. The Center is authorized to share information with the Virginia Employment<\/span> Commission. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Each employing unit shall submit information concerning each newly hired employee<\/span> to the Center within 20 days of the employment<\/span>, as defined in § 60.2-212<\/a>, of the newly hired employee<\/span>. The information shall include the items required by § 453A of the Social Security Act, 42 U.S.C. § 653a, as amended. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any employer<\/span> that contracts<\/span> with an independent contractor shall submit information concerning each new independent contractor<\/span> to the Center within 20 days of the start of the contract<\/span>. The information shall include items required by § 453A of the Social Security Act, 42 U.S.C. § 653a, as amended. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Employers<\/span> who transmit such reports magnetically or electronically shall, if necessary, report by two monthly transmissions not less than 12 days nor more than 16 days apart. Employers<\/span> that have employees<\/span> who are employed in or independent contractors<\/span> who are contracted to provide services in two or more states and that transmit reports magnetically or electronically may comply by designating one state in which such employer<\/span> has employees<\/span> or independent contractors<\/span> to which the employer<\/span> will transmit the report and transmitting such report to such state. Such employers<\/span> shall notify the federal Secretary of Health and Human Services in writing as to which state is designated for the purpose of sending reports and shall provide a copy of that notification to the Virginia New Hire Reporting Center. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Employers<\/span> shall not report an employee or independent contractor of a state agency performing intelligence or counterintelligence functions, if the head of such agency has determined that such reporting could endanger the safety of the employee or independent contractor or compromise an ongoing investigation or intelligence mission. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Information to be provided shall include only that information that is required by federal law<\/span>. This information may be provided by mailing a copy of the employee’s W-4 form or the independent contractor’s W-9 form, transmitting information magnetically or electronically in the prescribed format or by any other means determined by the Virginia New Hire Reporting Center to result in timely reporting. Within three business days after the date information regarding a newly hired employee<\/span> or new independent contractor<\/span> is entered into the Virginia State Directory of New Hires, the Center shall furnish the information to the National Directory of New Hires established under § 453(i) of the Social Security Act, as amended. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> The Division of Child<\/span> Support Enforcement shall use information received pursuant to this section to locate individuals for purposes of establishing paternity and establishing, modifying, and enforcing child<\/span> support obligations and may disclose such information in accordance with existing law<\/span> to carry out such purposes. The Division shall have access to information reported by employers<\/span> pursuant to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> The Board<\/span> shall have the authority to adopt regulations as necessary, consistent with the federal law<\/span> and its implementing regulations, to administer this provision, including any exemptions and waivers<\/span> that are needed to reduce unnecessary or burdensome reporting. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nVIRGINIA NEW HIRE REPORTING CENTER; STATE DIRECTORY OF NEW HIRES; REPORTING BY\nEMPLOYERS (\u00a7 63.2-1946)\n\nA. For the purposes of this section:\n\t\t\t“New independent contractor” means an independent contractor who\n(i) has not previously had a contract with an employer or (ii) had previously\nentered into a contract and has received a payment pursuant to the agreement\nafter receiving no payments for at least 60 consecutive days.\n\t\t\t“Newly hired employee” means an individual in employment, as\ndefined in § 60.2-212, who (i) has not previously been in the employment of\nthe employer or (ii) was previously in the employment of the employer but has\nbeen separated from such prior employment for at least 60 consecutive days.\n\nB. The Virginia New Hire Reporting Center shall be operated under the authority\nof the Division of Child Support Enforcement. The Center shall operate and\nmaintain the Virginia State Directory of New Hires. The Center is authorized to\nshare information with the Virginia Employment Commission.\n\nC. Each employing unit shall submit information concerning each newly hired\nemployee to the Center within 20 days of the employment, as defined in §\n60.2-212, of the newly hired employee. The information shall include the items\nrequired by § 453A of the Social Security Act, 42 U.S.C. § 653a, as\namended.\n\nD. Any employer that contracts with an independent contractor shall submit\ninformation concerning each new independent contractor to the Center within 20\ndays of the start of the contract. The information shall include items required\nby § 453A of the Social Security Act, 42 U.S.C. § 653a, as amended.\n\nE. Employers who transmit such reports magnetically or electronically shall, if\nnecessary, report by two monthly transmissions not less than 12 days nor more\nthan 16 days apart. Employers that have employees who are employed in or\nindependent contractors who are contracted to provide services in two or more\nstates and that transmit reports magnetically or electronically may comply by\ndesignating one state in which such employer has employees or independent\ncontractors to which the employer will transmit the report and transmitting such\nreport to such state. Such employers shall notify the federal Secretary of\nHealth and Human Services in writing as to which state is designated for the\npurpose of sending reports and shall provide a copy of that notification to the\nVirginia New Hire Reporting Center.\n\nF. Employers shall not report an employee or independent contractor of a state\nagency performing intelligence or counterintelligence functions, if the head of\nsuch agency has determined that such reporting could endanger the safety of the\nemployee or independent contractor or compromise an ongoing investigation or\nintelligence mission.\n\nG. Information to be provided shall include only that information that is\nrequired by federal law. This information may be provided by mailing a copy of\nthe employee’s W-4 form or the independent contractor’s W-9 form,\ntransmitting information magnetically or electronically in the prescribed format\nor by any other means determined by the Virginia New Hire Reporting Center to\nresult in timely reporting. Within three business days after the date\ninformation regarding a newly hired employee or new independent contractor is\nentered into the Virginia State Directory of New Hires, the Center shall furnish\nthe information to the National Directory of New Hires established under §\n453(i) of the Social Security Act, as amended.\n\nH. The Division of Child Support Enforcement shall use information received\npursuant to this section to locate individuals for purposes of establishing\npaternity and establishing, modifying, and enforcing child support obligations\nand may disclose such information in accordance with existing law to carry out\nsuch purposes. The Division shall have access to information reported by\nemployers pursuant to this section.\n\nI. The Board shall have the authority to adopt regulations as necessary,\nconsistent with the federal law and its implementing regulations, to administer\nthis provision, including any exemptions and waivers that are needed to reduce\nunnecessary or burdensome reporting.\n\nHISTORY: 1998, c. 108, \u00a7 63.1-274.11; 2002, c. 747; 2013, c. 329; 2020, c. 722.","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}}