40.1-11.1 - Employment of illegal immigrants.

§ 40.1-11.1. Employment of illegal immigrants.

It shall be unlawful and constitute a Class 1 misdemeanor for any employer orany 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 islegally eligible for employment in the United States for employment to anemployer, or an officer, agent or representative of a labor organization toknowingly employ, continue to employ, or refer for employment any alien whocannot provide documents indicating that he or she is legally eligible foremployment in the United States.

Permits issued by the United States Department of Justice authorizing analien to work in the United States shall constitute proof of eligibility foremployment.

All employment application forms used by State and local governments andprivately owned businesses operating in the Commonwealth on and after January1, 1978, shall ask prospective employees if they are legally eligible foremployment in the United States.

The provisions of this section shall not be deemed to require any employer touse employment application forms.

(1977, c. 438; 1979, c. 472.)