Work permits and visas in Virgin Islands (U.S.)

Employing foreign nationals in the U.S. Virgin Islands (USVI) requires navigating both U.S. federal immigration laws and specific USVI territorial regulations, particularly concerning work authorization. As a U.S. territory, the USVI falls under the jurisdiction of U.S. Citizenship and Immigration Services (USCIS) for visa and status matters, while the local Department of Labor administers the territorial work permit system. Therefore, foreign workers typically need both the appropriate federal visa or status allowing them to reside and work in the U.S. (and thus the USVI) and a local USVI work permit to be legally employed within the territory.

Understanding the interplay between federal immigration requirements and local work permit rules is essential for compliant hiring. Employers must ensure candidates possess the correct federal authorization to enter and remain in the USVI and also obtain the necessary local work permit before commencing employment. This dual requirement adds layers of complexity to the hiring process for international talent in the territory.

Common Visa Types for Foreign Workers

Foreign nationals seeking employment in the U.S. Virgin Islands typically utilize the same non-immigrant work visa categories available for employment anywhere in the United States. The specific visa type depends on the nature of the work, the worker's qualifications, and the employer's needs.

Visa Type	Description	Typical Eligibility	Sponsorship Required
H-1B	Specialty Occupations (requires theoretical or technical expertise)	Bachelor's degree or equivalent in a specialized field; job requires this expertise	Yes
L-1A	Intracompany Transferee (Managers or Executives)	Employed by a qualifying organization abroad for at least one year; transferring to a managerial/executive position in the U.S. affiliate	Yes
L-1B	Intracompany Transferee (Specialized Knowledge)	Employed by a qualifying organization abroad for at least one year; transferring to a position requiring specialized knowledge in the U.S. affiliate	Yes
O-1	Individuals with Extraordinary Ability or Achievement	Demonstrated extraordinary ability in sciences, arts, education, business, or athletics	Yes
TN	NAFTA Professionals (for Canadian and Mexican citizens)	Specific professions listed under the USMCA (formerly NAFTA); requires a job offer	No (Employer letter required)
E-2	Treaty Investors (for nationals of treaty countries investing in the U.S.)	Investing a substantial amount of capital in a U.S. business; seeking to enter to develop and direct the enterprise	Yes

Eligibility criteria for these federal visas are set by USCIS and the Department of State and involve detailed requirements regarding the job offer, the employer's petition, and the foreign national's qualifications. Documentation typically includes proof of education/experience, passport, visa application forms, and supporting evidence for the specific visa category.

Processing times for federal visa petitions (filed with USCIS) and subsequent visa stamping (at a U.S. embassy/consulate abroad) can vary significantly based on the visa type, USCIS service center workload, and embassy/consulate location. Premium processing is available for some categories (like H-1B, L-1) for an additional fee, guaranteeing processing within a specific timeframe (typically 15 calendar days). Standard processing can take several months.

Work Permit Application Requirements and Procedures

In addition to the required federal visa or status, foreign nationals working in the U.S. Virgin Islands must obtain a local USVI Work Permit from the Department of Labor. This is a separate requirement specific to the territory.

The process generally involves:

1. Employer Certification: The employer typically needs to certify that the position was offered to a foreign national because no qualified U.S. worker (citizen or permanent resident) was available or applied for the position. This often involves demonstrating recruitment efforts.
2. Employee Application: The foreign national submits an application to the USVI Department of Labor.
3. Required Documentation: Common documents include:
   • Completed application form
   • Proof of legal federal immigration status allowing work in the USVI (e.g., copy of federal visa, I-94 record)
   • Copy of passport
   • Social Security card (if available)
   • Job offer letter from the USVI employer
   • Proof of employer's business license
   • Police record from the applicant's country of origin and/or previous residences
   • Medical examination results
   • Photographs
4. Fees: There are application fees associated with the USVI Work Permit, payable to the Department of Labor. Fees can vary and are subject to change.
5. Processing: Applications are reviewed by the Department of Labor. Processing times can vary but typically range from a few weeks to a couple of months, depending on the volume of applications and completeness of the submission.

The USVI Work Permit is usually issued for a specific employer and position and must be renewed periodically, often annually, provided the individual maintains their underlying valid federal immigration status.

Pathways to Permanent Residency

Foreign workers in the U.S. Virgin Islands can pursue U.S. permanent residency (a Green Card) through the same pathways available to individuals anywhere else in the United States. The most common pathway for foreign workers is through employment-based immigration.

Employment-based Green Card categories include:

• EB-1: Priority Workers (persons of extraordinary ability, outstanding professors/researchers, multinational managers/executives)
• EB-2: Professionals Holding Advanced Degrees or Persons of Exceptional Ability
• EB-3: Skilled Workers, Professionals, and Other Workers
• EB-4: Special Immigrants (certain religious workers, broadcasters, etc.)
• EB-5: Immigrant Investors

The process typically involves:

1. Labor Certification (PERM): For most EB-2 and EB-3 categories, the employer must first obtain a labor certification from the Department of Labor, demonstrating that hiring the foreign worker will not adversely affect the wages and working conditions of U.S. workers and that no qualified U.S. workers are available for the position.
2. Immigrant Petition: The employer files Form I-140, Immigrant Petition for Alien Worker, with USCIS on behalf of the foreign national.
3. Adjustment of Status or Consular Processing: Once the petition is approved and a visa number is available (based on preference category and country of origin), the foreign national can either apply to adjust their status to permanent resident while in the U.S. (Form I-485) or apply for an immigrant visa at a U.S. embassy or consulate abroad.

Processing times for permanent residency vary significantly based on the category, country of origin (due to annual limits and backlogs), and USCIS/Department of State workloads. The entire process can take anywhere from less than a year to several years.

Dependent Visa Options

Foreign nationals holding certain work visas allowing them to reside in the U.S. Virgin Islands can typically bring their immediate family members (spouse and unmarried children under 21) with them on dependent visas.

Common dependent visa categories linked to primary work visas include:

Primary Visa	Dependent Visa	Relationship	Work Authorization for Dependent
H-1B	H-4	Spouse, unmarried children under 21	Possible with EAD under certain conditions
L-1A/L-1B	L-2	Spouse, unmarried children under 21	Yes, with EAD
O-1	O-3	Spouse, unmarried children under 21	No
TN	TD	Spouse, unmarried children under 21 (Canadian/Mexican)	No
E-2	E-2D	Spouse, unmarried children under 21	Yes, with EAD

Dependents generally apply for their visas at a U.S. embassy or consulate abroad or apply to change status if already in the U.S. Required documentation typically includes proof of the relationship to the primary visa holder (marriage certificate, birth certificates), the primary visa holder's visa and petition approval, passports, and application forms. Processing times mirror those of the primary visa holder or the general processing times at the specific embassy/consulate or USCIS service center.

Visa Compliance Obligations

Both employers and employees in the U.S. Virgin Islands have significant compliance obligations regarding work permits and visas.

Employer Obligations:

• Verify Work Authorization: Employers must verify the identity and employment authorization of all individuals hired, including foreign nationals, by completing Form I-9, Employment Eligibility Verification, within the required timeframe. For foreign nationals, this involves examining documents proving both identity and federal work authorization (e.g., visa with I-94, Employment Authorization Document - EAD).
• Ensure Local Work Permit: Employers must ensure that foreign national employees possess a valid USVI Work Permit from the Department of Labor before they begin working and that it remains valid throughout their employment.
• Maintain Records: Employers must maintain I-9 forms and supporting documentation for the required period and make them available for inspection by authorized government officials. Records related to the USVI Work Permit should also be maintained.
• Comply with Visa Conditions: Employers must comply with the terms and conditions of the employee's federal visa petition (e.g., paying the required wage for H-1B workers, ensuring the employee performs the duties specified in the petition).
• Notify Authorities: In certain cases, employers may need to notify USCIS or the Department of Labor of changes in employment status, such as termination.

Employee Obligations:

• Maintain Valid Status: Foreign national employees must maintain their valid federal immigration status throughout their stay and employment in the USVI. This includes adhering to the conditions of their visa.
• Obtain and Renew Work Permit: Employees must obtain the required USVI Work Permit and ensure it is renewed before expiration.
• Provide Documentation: Employees must provide their employer with valid documentation to complete the I-9 form and the USVI Work Permit application.
• Report Changes: Employees are responsible for understanding how changes in their personal circumstances (e.g., change of address, marital status) or employment may affect their immigration status and work authorization and taking appropriate action.

Failure to comply with federal immigration laws and USVI work permit regulations can result in significant penalties for both employers and employees, including fines, back pay awards, and even criminal prosecution. For the foreign national, non-compliance can lead to loss of status, deportation, and bars from future entry into the U.S. or USVI.