Work Visas & Employment-Based Immigration in Virginia

Employment-based immigration allows foreign nationals to work in the U.S. temporarily or permanently. The INA establishes several visa categories and employer sponsorship requirements §8 U.S.C. 1153.

Mandatory for all agencies of the Commonwealth, which must be enrolled in E-Verify and use it for each newly hired employee who is to perform work within the Commonwealth. Public contractor and subcontractor obligations arise separately under Va. Code § 2.2-4308.2, not § 40.1-11.2. Private employers are not required to use E-Verify but may do so voluntarily.

Virginia Code § 54.1-204 provides that a person shall not be refused a license, certificate, or registration to practice a regulated occupation or profession solely because of a prior criminal conviction unless the conviction directly relates to that occupation or profession, and bars regulatory boards from using vague or arbitrary terms such as 'good moral character' or 'moral turpitude' to refuse a credential. Virginia has no statewide statute extending professional or occupational licensure based on immigration status or DACA; eligibility turns on individual board rules and federal work authorization. §54.1-204

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).