50-State Employment Services Industry Licensing Guide
Potential employees lined up for the job interview

West Virginia Employment Agency

A businesswoman accepting her new job offer with a handshake

Licensing requirements for West Virginia employment, staffing and talent agencies.

This page provides an overview of employment services licensing in West Virginia for individuals and agencies. You will find state requirements, application fees, filing instructions, and more. For assistance with licensing, please contact us to learn about our software and managed license services.

Companies that provide employment services in West Virginia must apply for a license prior to doing business. Depending on the services offered, businesses may need to apply for more than one license type, and in some cases, an individual license will be required as well.

Company Licenses

West Virginia Employment and Business Support Services Company Licenses

West Virginia Employment Agency License

Agency:West Virginia Division of Labor
Foreign Qualification is Prerequisite:Not Set
Exam Required?Not Set
Registered Agent (Special Agency) Required?Not Set

Initial Registration

This section applies to firms that are applying for a license in West Virginia for the first time.

Form:

There is no form, but follow the instructions on the fact sheet to apply.

Agency Fee:

$0

Original Ink:Not required
Notarize:Not required

Registration Renewal

This section applies to firms that are already licensed in West Virginia and need to renew their license.

Agency Fee:

$0

Due:

Annually

Notes:

Send a letter of no changes in contracts or letter of changes to contracts with copies of all fee schedules and contracts in order to renew.

West Virginia Professional Employer Organization License - Group

Agency:West Virginia Offices of the Insurance Commissioner - Financial Conditions Division - Professional Employer Organization Licensing Unit
Eligible Entity Types:

  • Corporation
  • Sole Proprietorship
  • Partnership
  • Limited Liability Company
  • Limited Liability Partnership
Foreign Qualification is Prerequisite:Yes
Financial Requirements:

Applicants must either show proof of financial responsibility in the form of $100,000 in working capital, as defined by GAAP accounting principles and as reflected in financial statements submitted to the Commissioner, or meet the bonding requirement.

Bond Requirements:

A bond in the amount of $100,000 must be provided if the applicant if the PEO has less than $100,000 in working capital as reflected in the financial statements or does not have a recent audited financial statement. An irrevocable letter of credit or securities with a minimum market value of $100,000 may be submitted in lieu of a bond.

Exam Required?Not Set
Registered Agent (Special Agency) Required?No

Initial Registration

Form:

Form PEO-1: Professional Employer Organization Application

Instructions:

PEO Licensing Instructions

Agency Fee:

$300

Notarize:Required
Required Attachments:
  • The most recent audited financial statements, which may not be older than 13 months. The financial statement shall be prepared in accordance with GAAP and audited by an independent CPA
  • A copy of the corporation’s Article of Incorporation filed with the Secretary of State of West Virginia. Partnerships must provide a copy of the Partnership Agreement or an affidavit signed by all parties that no written partnership exists. Limited partnerships must provide a copy of the Certificate of Limited Partnership. If the applicant is a non-resident, a certificate of authority to do business in the state, issued by the Secretary of State’s office.
  • Evidence showing that each company included in the PEO Group is majority owned or commonly controlled by the same entity, parent, or controlling person
  • A parental guarantee in the form of an indemnification agreement or a resolution of the board of directors of the parent company authorizing the guarantee of workers’ compensation, unemployment tax liability and other obligations of a subsidiary PEO in the combined or consolidated license

Registration Renewal

Form:

Form PEO-1: Professional Employer Organization Application (Renewal)

Instructions:

PEO Licensing Instructions

Agency Fee:

$300

Due:

Annually within 6 months after the close of the PEO's fiscal year.

Required Attachments:

  • List by jurisdiction under which PEO has operated in the preceding 5 years
  • Statement of ownership
  • Statement of management
  • Most recent audited financial statement
  • Bond, irrevocable credit, or securities with a minimum market value of $100,000
  • Complete listing of all client-employers in West Virginia
  • List of officers, directors, partners, shareholders owning 10% or more
  • Article of Incorporation
  • Group License application
  • Submission that each company included in the PEO Group is majority owned or commonly controlled by the same entity

West Virginia Professional Employer Organization License - Limited

Agency:West Virginia Offices of the Insurance Commissioner - Financial Conditions Division - Professional Employer Organization Licensing Unit
Eligible Entity Types:

  • Corporation
  • Sole Proprietorship
  • Partnership
  • Limited Liability Company
  • Limited Liability Partnership
Foreign Qualification is Prerequisite:Yes
Notes:

Limited licenses may be issued for PEO's that meet the following conditions:

  1. The applicant will have to demonstrate it is licensed or registered as a PEO in another state with substantially similar licensing requirements.
  2. The PEO does not maintain an office in this state.
  3. The PEO does not directly solicit employers located in West Virginia.
  4. The PEO does not have more than 50 covered employees in West Virginia on any given day.
Exam Required?Not Set
Registered Agent (Special Agency) Required?No

Initial Registration

Form:

Form PEO-1: Professional Employer Organization Application

Instructions:

PEO Licensing Instructions

Agency Fee:

$200

Notarize:Required
Required Attachments:
  • A copy of the corporation’s Article of Incorporation filed with the Secretary of State of West Virginia. Partnerships must provide a copy of the Partnership Agreement or an affidavit signed by all parties that no written partnership exists. Limited partnerships must provide a copy of the Certificate of Limited Partnership. If the applicant is a non-resident, a certificate of authority to do business in the state, issued by the Secretary of State’s office.

Registration Renewal

Form:

Form PEO-1: Professional Employer Organization Application (Renewal)

Instructions:

PEO Licensing Instructions

Agency Fee:

$200

Due:

Annually within 6 months after the close of the PEO's fiscal year.

Required Attachments:

  • List by jurisdiction under which PEO has operated in the preceding 5 years
  • Statement of ownership
  • Statement of management
  • Complete listing of all client-employers in West Virginia
  • List of officers, directors, partners, shareholders owning 10% or more
  • Article of Incorporation

West Virginia Professional Employer Organization License - Regular

Agency:West Virginia Offices of the Insurance Commissioner - Financial Conditions Division - Professional Employer Organization Licensing Unit
Eligible Entity Types:

  • Corporation
  • Sole Proprietorship
  • Partnership
  • Limited Liability Company
  • Limited Liability Partnership
Foreign Qualification is Prerequisite:Yes
Bond Requirements:

A bond in the amount of $100,000 must be provided if the applicant if the PEO has less than $100,000 in working capital as reflected in the financial statements or does not have a recent audited financial statement. An irrevocable letter of credit or securities with a minimum market value of $100,000 may be submitted in lieu of a bond.

Notes:

Within twenty days of its execution, every professional services agreement shall be filed with the commissioner.

Exam Required?Not Set
Registered Agent (Special Agency) Required?No

Initial Registration

Form:

Form PEO-1: Professional Employer Organization Application

Instructions:

PEO Licensing Instructions

Agency Fee:

$300

Notarize:Required
Required Attachments:
  • The most recent audited financial statements, which may not be older than 13 months. The financial statement shall be prepared in accordance with GAAP and audited by an independent CPA
  • A copy of the corporation’s Article of Incorporation filed with the Secretary of State of West Virginia. Partnerships must provide a copy of the Partnership Agreement or an affidavit signed by all parties that no written partnership exists. Limited partnerships must provide a copy of the Certificate of Limited Partnership. If the applicant is a non-resident, a certificate of authority to do business in the state, issued by the Secretary of State’s office.

Registration Renewal

Form:

Form PEO-1: Professional Employer Organization Application (Renewal)

Instructions:

PEO Licensing Instructions

Agency Fee:

$300

Due:

Annually within 6 months after the close of the PEO's fiscal year.

Original Ink:Required
Notarize:Required
Required Attachments:

  • List by jurisdiction under which PEO has operated in the preceding 5 years
  • Statement of ownership
  • Statement of management
  • Most recent audited financial statement
  • Bond, irrevocable credit, or securities with a minimum market value of $100,000
  • Complete listing of all client-employers in West Virginia
  • List of officers, directors, partners, shareholders owning 10% or more
  • Article of Incroporation

West Virginia Talent Agency License

Agency:West Virginia Division of Labor
Foreign Qualification is Prerequisite:Not Set
Notes:

West Virginia does not have a separate talent agency license, but an employment agency license may be required.

Exam Required?Not Set
Registered Agent (Special Agency) Required?Not Set

Initial Registration

Form:

There is no form, but follow the instructions on the fact sheet to apply.

Agency Fee:

$0

Registration Renewal

Agency Fee:

$0

Due:

Annually

Notes:

Send a letter of no changes in contracts or letter of changes to contracts with copies of all fee schedules and contracts in order to renew.

Employee Leasing Company - Enter into leasing contracts with other businesses that require labor. The leasing company loans its workers to the lessee while still providing specified responsibilities, such as workers compensation insurance, to the employees. This includes long term (6 months or more) temporary arrangements but often excludes temporary help arrangements. Unlike professional employer organizations, employee leasing companies are contracted when an employer needs to hire staff and does not want to handle human resources responsibilities.

Employment Agency - An entity that, for compensation, procures or attempts to procure employment for a person.

Professional Employer Organization - PEOs take on the human resources role for businesses and act as a co-employer in the sense that the client company's workers are administratively employees of the PEO but functionally these employees are controlled by the client company. Unlike employee leasing companies, PEOs are contracted when an employer already has staff and does not want to handle human resources responsibilities.

Staffing Agency - An entity that procures temporary or part-time employment for a person who then works under the supervision of a worksite employer.

Talent Agency - An entity that, for compensation, procures or attempts to procure employment or placement for an artist. (Certain art forms are excluded)

American Staffing Association
Staffing, recruiting, and workforce solution industry advocacy group.

National Association of Personnel Services (NAPS)
Education and training oriented association for personnel services providers.

National Association of Professional Employer Organizations (NAPEO)
Provides advocacy efforts, information, and other services to members of the employment industry.

Revised May 18, 2021. Complete data last reviewed March 12, 2018.
Are You Compliant?
Answer just a few questions and our software searches public databases to detect your status and gaps.
Sign Up for Emails
Better Business Bureau logo
Trustwave logo

© 2012 - 2024 Harbor Compliance. All rights reserved.

Harbor Compliance does not provide tax, financial, or legal advice. Use of our services does not create an attorney-client relationship. Harbor Compliance is not acting as your attorney and does not review information you provide to us for legal accuracy or sufficiency. Access to our website is subject to our Terms of Use and Service Agreement.

Terms of Service Privacy Policy Secure Shopping