Work Visas & Employment-Based Immigration in Delaware
H-1B, L-1, O-1, PERM labor certification, E-Verify requirements, and professional licensing in Delaware.
Common work visa categories
| Duration | Key requirement | |
|---|---|---|
| H-1B | 3 years (renewable to 6) §8 U.S.C. 1101 | Specialty occupation requiring bachelor's degree or higher |
| L-1 | 1-3 years (renewable) §8 U.S.C. 1101 | Intracompany transferee in managerial or specialized knowledge role |
| O-1 | 3 years (renewable) §8 U.S.C. 1101 | Extraordinary ability in sciences, arts, education, business, or athletics |
| TN | 3 years (renewable) §8 U.S.C. 1101 | USMCA (formerly NAFTA) professional from Canada or Mexico |
| E-2 | 2 years (renewable) §8 U.S.C. 1101 | Treaty investor from qualifying country |
E-Verify in Delaware
Delaware does not appear to have a statute requiring all private employers to use E-Verify. Some state agencies use E-Verify under administrative policy, and some state contracts include E-Verify requirements; whether a particular agency or public contractor must participate depends on the applicable policy or contract. Confirm current requirements with a lawyer.
Professional licensing
Delaware law provides that the State may not deny an application for issuance or renewal of a professional or occupational license, permit, certificate, or registration because of the applicant's immigration or citizenship status. This covers DACA recipients but is not limited to them or to work-authorized immigrants. An applicant without a Social Security number may provide an alternative identifying number, such as an ITIN, or complete a Social Security number exemption attestation. Applicants must still meet the license's other qualifications, and the rule addresses state licensing eligibility, not federal employment authorization. §29 Del. C. 610
PERM labor certification
For permanent employment-based green cards, most employers must complete the PERM labor certification process through the Department of Labor, demonstrating that no qualified U.S. worker is available for the position §8 U.S.C. 1182(a)(5).
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