VA Code 65.2-101 Interpretation
In Granados v. Windson Development Corp., 257 Va. 103, 509 S.E.2d 290 (1999), the Supreme Court was asked to decide whether an undocumented alien was an "employee" as defined in Code 65.2-101. Granados, 257 Va. at 108, 509 S.E.2d at 290.
The Court noted that under the provisions of the United States Immigration Reform and Control Act (IRCA) of 1986 an undocumented alien could not lawfully contract for hire and, therefore, could not satisfy the definition of "employee" under the Virginia Workers' Compensation Act (Act). Granados, 257 Va. at 108-09, 509 S.E.2d at 290.