Using E-Verify to verify legal employment status of workers

Senate Bill 462 requires most employers in West Virginia to use the federal E-Verify system to confirm whether new employees are legally permitted to work before hiring them. Employers must create an E-Verify account, temporarily employ new workers until verification is complete, and maintain records for three years or the length of employment, whichever is longer. The bill also prohibits local governments from creating conflicting rules and allows the labor commissioner to access specific state records (like driver’s license databases) to verify work status while protecting personal information. This applies to all businesses and organizations employing workers in West Virginia, with exceptions for employees hired before the bill’s effective date and those already exempt under federal law.