Os cônjuges de portadores dos vistos E e L precisam de autorização de trabalho?
Kyle Huffman • September 15, 2022
Um acordo judicial contra os Serviços de Imigração e Cidadania dos Estados Unidos (USCIS) definiu sobre a autorização de trabalho para cônjuges de certos portadores dos vistos E e L.
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Antes do acordo, cônjuges de alguns portadores dos vistos E e L precisavam aplicar e esperar receber a carteira de autorização de trabalho, para poderem trabalhar nos Estados Unidos. Entretanto, por causa do acordo judicial feito entre o USCIS e uma ação judicial coletiva, processo Shergill v Mayorkas em 10 de novembro de 2021, o USCIS concordou que cônjuges de portadores dos vistos L e E estão autorizados a trabalhar devido ao seu status.
O USCIS emitiu um alerta sobre essa regra, explicando o acordo. As regras para cônjuges de portadores de H1B (vistos H4) não mudaram, mas extensões automáticas da autorização de trabalho para essa categoria de visto são possíveis.
Se você for cônjuge de um portador do visto E, na sua próxima entrada nos Estados Unidos, deverá receber um novo I-94 indicando seu status de cônjuge de portador do visto E, com uma observação “S”. Para os cônjuges de portadores do visto E-1, comerciantes dos países do tratado comercial, o I-94 deverá listar o status do cônjuge como “E-1S”, o mesmo se aplicando para os cônjuges dos vistos E-2 e E-3, dos quais o I-94 mostrará “E-2S” e “E-3S”, respectivamente.
Enquanto esse acordo resultará em um maior acesso a trabalhos por parte de alguns cônjuges de portadores dos vistos E e L, é importante notar que não cobre os filhos dependentes dos portadores desses vistos, que não terão a autorização de trabalho da mesma forma que os cônjuges têm.
Se você tiver alguma dúvida de como isso se aplica ao seu caso, por favor marque uma consulta com um de nossos experientes advogados.
Será um prazer trabalhar com vocês!
Este blog não se destina a oferecer aconselhamento jurídico e nada aqui deve ser interpretado como estabelecimento de uma relação cliente-advogado. Por favor, agende uma consulta com um advogado de imigração, antes de agir baseado em qualquer informação lida neste blog.
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Published Material About You in Major Media This involves press coverage detailing your athletic career, your achievements, and your impact on the sport. What counts: Feature articles, profile pieces, and match reports in major media outlets (e.g., ESPN, Sky Sports, major national newspapers, or highly regarded websites that cater to your specific sport). How to maximize your chances: Don't shy away from the press. When journalists ask for interviews, take them. Make sure that video interviews or other video-based features include a written text element as well. Crucially, maintain a digital press portfolio . Save screenshots, URLs, and physical copies of print articles. Track the circulation or web traffic metrics of the publications featuring you to prove they qualify as "major media" - they will need to average at least 3,000 viewers or subscribers per month. 4. Participation as a Judge of the Work of Others This criterion requires you to have evaluated the performance of other athletes or professionals in your field. What counts: Serving as a licensed referee or umpire at high-level competitions, acting as a technical judge at a national tryout, or being invited to sit on a selection panel for a prestigious youth draft combine. How to maximize your chances: As you gain seniority in your sport, accept invitations to judge. Offer to serve as a panelist or evaluator for academy tryouts, state tournaments, or specialized sports combines. Ensure your participation is documented with official invitations and judging schedules. 5. Original Contributions of Major Significance to the Sport This means you have introduced something to your sport that has shifted the way the game is played, trained, or analyzed. 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Commercial Successes in the Performing Arts For athletes, this criterion is increasingly satisfied through the modern commercialization of sports, specifically focusing on box office draws and merchandise. What counts: Major pay-per-view (PPV) draws in combat sports or extreme sports, ticket sales or attendance spikes directly attributed to your presence, or substantial jersey/merchandise sales carrying your name. How to maximize your chances: Work closely with your agency, club, or promotion to track your commercial impact. Request data regarding streaming viewership peaks during your matches, box office revenue for events you headlined, or official merchandise sales reports. As with each criteria, the more objective support materials you can provide, the stronger your argument becomes. 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For many of our clients, premium processing has long felt less like a luxury and more like a necessity. Whether it's an artist with a tour date, a startup founder with investors waiting, or an executive whose H-1B extension is tied to a project deadline, the ability to get a USCIS decision in fifteen business days has been a cornerstone of business and entertainment immigration planning. But 2026 has brought meaningful changes. On March 1, 2026, USCIS implemented a new round of premium processing fee increases under the biennial inflation adjustment authorized by the USCIS Stabilization Act. With fees now climbing across every eligible form, employers, foreign nationals, and their counsel are asking a fair question: at these prices, is premium processing still worth it? The short answer is: often yes but no longer always. Here is what has changed, what hasn't, and how to think strategically about your filings this year. What Premium Processing Actually Buys You Premium processing is an optional, fee-based service that obligates USCIS to take action on a qualifying petition or application within a defined window. "Action" does not necessarily mean approval USCIS may issue an approval, a denial, a Request for Evidence (RFE), a Notice of Intent to Deny, or open an investigation. But it must do something within the guaranteed timeframe, or refund the premium fee. The current adjudication windows are: 15 business days for most Form I-129 nonimmigrant petitions (including H-1B, L-1, O-1, P-1, TN, and E-3) and most Form I-140 employment-based immigrant petitions 45 business days for Form I-140 petitions in the EB-1C (multinational executive/manager) and EB-2 National Interest Waiver (NIW) categories 30 business days for eligible Form I-539 change-of-status applications and Form I-765 applications for F-1 OPT and STEM OPT employment authorization When USCIS issues an RFE, the clock pauses and restarts only when the agency receives the response, a detail that surprises many petitioners and is worth planning around. The 2026 Fee Increases at a Glance The Department of Homeland Security's final rule, published in the Federal Register on January 12, 2026, raised premium processing fees by an average of roughly 5.7 percent based on inflation between June 2023 and June 2025. Any Form I-907 postmarked on or after March 1, 2026, must include the updated fee, or USCIS will reject the filing outright.
