2006 Code of Virginia § 60.2-216 - Employment outside of United States

60.2-216. Employment outside of United States.

A. "Employment" includes any service of an individual who is a citizen ofthe United States, performed outside the United States, except in Canada, inthe employ of an American employer other than service which is deemed"employment" under the provisions of subsections A and B of 60.2-217 orthe parallel provisions of another state's law, if:

1. The employer's principal place of business in the United States is locatedin this Commonwealth;

2. The employer has no place of business in the United States, but

a. The employer is an individual who is a resident of this Commonwealth,

b. The employer is a corporation which is organized under the laws of thisCommonwealth, or

c. The employer is a partnership or a trust and the number of the partners ortrustees who are residents of this Commonwealth is greater than the numberwho are residents of any one other state; or

3. None of the criteria of subdivisions 1 and 2 of this subsection is met butthe employer has elected coverage in this Commonwealth or, the employerhaving failed to elect coverage in any state, the individual has filed aclaim for benefits, based on such service, under the law of this Commonwealth.

B. An "American employer," for purposes of this section, means a person whois:

1. An individual who is a resident of the United States;

2. A partnership, if two-thirds or more of the partners are residents of theUnited States;

3. A trust, if all of the trustees are residents of the United States; or

4. A corporation organized under the laws of the United States or of anystate.

C. As used in this section, the term "United States" shall be defined as"state" is defined in 60.2-225.

(Code 1950, 60-14; 1952, cc. 30, 184; 1956, c. 440; 1962, c. 71; 1968, c.738, 60.1-14; 1971, Ex. Sess., c. 235; 1972, c. 824; 1974, cc. 466, 660;1976, c. 304; 1977, c. 330; 1979, c. 637; 1980, cc. 520, 522; 1981, cc. 28,369, 374, 375; 1982, c. 25; 1983, c. 14; 1984, cc. 120, 139, 204; 1985, cc.152, 254; 1986, c. 480.)