House 4486

WEST VIRGINIA LEGISLATURE

2026 REGULAR SESSION

Introduced

House Bill 4486

By Delegates Ridenour, Martin, Butler, Mazzocchi, Hillenbrand, B. Ward, Holstein, Jennings, Kump, Maynor, and Masters

[Introduced January 19, 2026; referred to the Committee on Government Organization]

A BILL to amend and reenact §21-1B-5 of the Code of West Virginia, 1931, as amended, relating to prohibiting companies and organizations from knowingly hiring illegal aliens and establishing fines for violations.

Be it enacted by the Legislature of West Virginia:

Article 1B. verifying legal employment status of workers.

§21-1B-5. Penalties.

(a) Any employer who knowingly and willfully fails to maintain records as required by section four of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined $100 $200 for each offense. Failure to keep records on each employee constitutes a separate offense.

(b) Any employer who knowingly violates the provisions of section three of this article by employing, hiring, recruiting or referring an unauthorized worker is guilty of a misdemeanor and, upon conviction thereof, is subject to the following penalties:

(1) For a first offense, a fine of not less than $100 $1,000 nor more than $1,000 $10,000 for each violation;

(2) For a second offense, a fine of not less than $500 $5,000 nor more than $5,000 $20,000 for each violation;

(3) For a third or subsequent offense, a fine of not less than $1,000 $10,000 nor more than $10,000 $30,000, or and confinement in jail for not less than 30 days nor more than one year, or both.

(c) Any employer who knowingly and willfully provides false records as to the legal status or authorization to work of any employee to the commissioner or his or her authorized representative is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail not less than 30 days nor more than one year or and fined not more less than $2,500 $1,000 nor more than $5,000. or both.

(d) Any employer who knowingly and willfully and with fraudulent intent sells, transfers or otherwise disposes of substantially all of the employer's assets for the purpose of evading the record-keeping requirements of section four of this article is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail not less than 30 days not nor more than one year or and fined not more less than $10,000, $20,000. or both.

NOTE: The purpose of this bill is to establish stricter penalties for any company or organization that knowingly hires an illegal alien.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.