Politiques en matière de travail à distance - Puis-je travailler à distance aux États-Unis avec mon visa?
Monica Zafra • August 30, 2023
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Le facteur le plus important pour travailler à distance aux États-Unis est l'obtention d'une autorisation de travail en bonne et due forme. La loi américaine sur l'immigration exige que toute personne qui gagne un revenu aux États-Unis dispose d'une autorisation de travail en bonne et due forme.
Que se passe-t-il si je gagne un revenu pour un employeur étranger alors que je suis aux États-Unis ?
Même si le travailleur travaille pour un employeur à l'étranger, le fait de travailler pendant qu'il se trouve physiquement aux États-Unis est toujours considéré comme un travail par le gouvernement américain, même si le travailleur est payé sur un compte bancaire à l'étranger. Par exemple, si un détenteur de visa B-1/B-2 se rend aux États-Unis pour le tourisme ou à des fins professionnelles spécifiques, il peut entrer aux États-Unis pour passer des vacances ou assister à des réunions ou à des événements, mais il ne peut pas travailler aux États-Unis, car le visa B-1/B-2 n'accorde pas d'autorisation de travail.
Comment puis-je travailler à distance ?
Il n'existe pas de catégorie de visa désignée pour les travailleurs à distance aux États-Unis, mais il existe des visas de non-immigrant qui sont flexibles. Les visas de travail non immigrants tels que E, L, TN, F-1, OPT, P-1 et O-1 ne sont pas soumis à des restrictions quant au lieu de travail, contrairement à d'autres visas, et il existe une certaine flexibilité en ce qui concerne le travail à distance. Par exemple, les athlètes P-1 peuvent voyager pour travailler en raison de leur profession, ou les professionnels O-1 également, mais ils doivent le faire dans les limites de leur visa.
Quels sont les travailleurs soumis à des restrictions en matière de travail à distance ?
Les travailleurs H-1B ne peuvent travailler que dans les lieux énumérés dans leur demande de parrainage H-1B. Cela est dû à l'exigence de la demande de conditions de travail (LCA) et à l'analyse des salaires en vigueur. Parfois, les travailleurs H-1B peuvent être amenés à travailler "occasionnellement à distance" à la demande de leur employeur. C'est le cas lorsque l'adresse du domicile du travailleur H-1B est proche et que le lieu de travail normal indiqué dans la LCA de l'employeur comprend l'adresse du domicile. Cette situation peut également se produire si le travailleur H-1B est amené à travailler à une distance importante du lieu de travail indiqué dans le LCA. Des demandes de modification et des frais de dépôt peuvent également être exigés.
Pour les parrainages H-1B, il peut être utile pour les employeurs d'inclure comme lieu de travail l'adresse du domicile de l'employé et le lieu de travail habituel, si cela est possible. L'USCIS a annulé deux notes directives concernant les placements sur des sites tiers et les itinéraires connexes pour les travailleurs H-1B, de sorte qu'il est plus facile d'indiquer l'adresse du domicile et le lieu de travail d'un travailleur H-1B.
Si vous avez des questions concernant ces informations, veuillez contacter nos bureaux.
Ce blog n'est pas destiné à fournir des conseils juridiques et rien ici ne doit être interprété comme établissant une relation avocat-client. Veuillez prendre rendez-vous avec un avocat spécialisé en droit de l'immigration avant d'agir sur la base de toute information lue ici.
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Monica Zafra
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What is E-Verify+? E-Verify+ is the newest version of E-Verify, a system run by the U.S. Department of Homeland Security (DHS) to help employers confirm the work eligibility of their employees. Effective October 21, 2024, E-Verify+ includes new features designed to streamline the employment verification process and ensure more accurate, secure results for both employers and employees. The E-Verify system checks a person’s work eligibility by comparing information from their Form I-9 (Employment Eligibility Verification) with records from DHS and the Social Security Administration (SSA). E-Verify+ takes this process further with enhanced capabilities and updated features, which make verification faster, more reliable, and more user-friendly. What’s New in E-Verify+? Automated Work Authorization Extensions For employees who are renewing work authorization, E-Verify+ can now provide automatic updates if the renewal process is delayed. This minimizes disruptions for both employers and employees, ensuring that work authorization continues as long as the renewal is in process. Enhanced Accuracy with Biometric Verification One of the key updates in E-Verify+ is biometric verification, which uses fingerprints or other biometrics to confirm an employee’s identity more accurately. This feature is expected to reduce identity theft and improve the reliability of work authorization checks. Simplified Case Management System E-Verify+ includes an updated case management system that allows employers to resolve discrepancies and update information more efficiently. For instance, if there is a mismatch between an employee’s Form I-9 and government records, E-Verify+ will guide employers on next steps to quickly address the issue. Integration with EAD (Employment Authorization Document) Updates Employees applying for Employment Authorization Documents (EAD) will find that E-Verify+ now includes an integration feature that tracks the status of EAD renewals and provides employers with updates on pending applications. What Does This Mean for Employers? With E-Verify+, employers benefit from a more efficient and reliable employment verification process. Employers who participate in E-Verify+ are better equipped to avoid penalties for hiring unauthorized workers while also reducing administrative burdens associated with verification. The system’s enhanced automation helps streamline the hiring process, which can save time and resources for businesses. What Does This Mean for Employees? For employees, E-Verify+ provides greater security and transparency. Automated work authorization extensions can help prevent employment gaps due to delays in authorization processing, which is especially important for those relying on renewals. Additionally, the use of biometrics means employees can be assured that their personal identity is protected during verification. If you want to find out more about E-Verify or want to better understand the employment verification process, please contact one of our experienced Immigration Attorneys!
The answer is: YES! Social media influencers and content producers with a large online following can qualify for an O-1 temporary work visa or an EB-1 green card, often referred to as "talent visas" or "extraordinary ability green cards."
The answer to the question above is, depending on your circumstances, yes! USCIS has established very clear criteria for when a request to expedite a pending travel permit application can be made. These criteria include: Severe financial loss to a company or person, provided that the need for urgent action is not the result of the petitioner’s or applicant’s failure to: Timely file the benefit request, or Timely respond to any requests for additional evidence; A company can demonstrate that it would suffer a severe financial loss if it is at risk of failing, losing a critical contract, or having to lay off other employees. For example, a medical office may suffer severe financial loss if a gap in a doctor’s employment authorization would require the medical practice to lay off its medical assistants. Job loss may be sufficient to establish severe financial loss for a person, depending on the individual circumstances. For example, the inability to travel for work that would result in job loss might warrant expedited treatment. The need to obtain employment authorization by itself, without evidence of other compelling factors, does not warrant expedited treatment. In addition, severe financial loss may also be established where failure to expedite would result in a loss of critical public benefits or services. Emergencies and urgent humanitarian reasons; In the context of an expedite request, humanitarian reasons are those related to human welfare. Examples may include, but are not limited to, illness, disability, extreme living conditions, death in the family, or a critical need to travel to obtain medical treatment in a limited amount of time. An emergency may include an urgent need to expedite employment authorization for healthcare workers during a national emergency such as the COVID-19 pandemic. Nonprofit organization (as designated by the Internal Revenue Service) whose request is in furtherance of the cultural or social interests of the United States; A nonprofit organization seeking to expedite a beneficiary’s benefit request must demonstrate an urgent need to expedite the case based on the beneficiary’s specific role within the nonprofit in furthering cultural or social interests (as opposed to the organization’s role in furthering social or cultural interests). Examples may include a medical professional urgently needed for medical research related to a specific social U.S. interest (such as the COVID-19 pandemic or other socially impactful research or project) or a university professor urgently needed to participate in a specific and imminent cultural program. Another example is a religious organization that urgently needs a beneficiary’s specific services and skill set to continue a vital social outreach program. U.S. government interests (such cases identified as urgent by federal agencies such as the U.S. Department of Defense, U.S. Department of Labor, National Labor Relations Board, Equal Opportunity Commission, U.S. Department of Justice, U.S. Department of State, U.S. Department of Homeland Security, or other public safety or national security interests); or U.S. government interests may include, but are not limited to, cases identified as urgent by other government agencies, including labor and employment agencies, and public safety or national security interests. Clear USCIS error. Not every circumstance that fits in one of these categories will result in expedited processing; expedite requests are discretionary, highly subjective and never guaranteed. Expedite requests are initiated by calling the USCIS contact center and providing your case Receipt Number and reasons for the request. The approximate processing time for an expedite request is 7-10 business days. When you call to request expedited processing, the USCIS Contact Center creates and forwards a service request to the office with jurisdiction over your application or petition. After receiving the service request, the reviewing office may request additional documentation to support expedited processing. A decision on an expedite request is not an approval or a denial of the underlying benefit request. The expedite decision simply informs the requestor whether USCIS will take the benefit request out of date order and issue a decision (approval or denial) faster than the normal processing time.
In years past, spouses of certain E and L visa categories were required to apply for and receive an Employment Authorization Document in order to work in the United States. However, as the result of a settlement reached by USCIS in the class action lawsuit Shergill v. Mayorkas on November 10, 2021, USCIS now considers E and L dependent spouses to be authorized for employment incident to their status.
If you are an elite athlete, the dream of competing and living in the United States often begins with a temporary visa, like a P-1 or an O-1A, based on an employment contract with a team or a schedule of professional competitions you will participate in. However, if you are able to truly excel and reach the top echelon of competitors in your sport worldwide, you may eventually be able to qualify for an EB-1A employment-based Green Card that grants you lawful permanent residence in the U.S. The EB-1A is highly coveted because it doesn’t require a U.S. employer to sponsor you; you can self-petition based entirely on your own merit. However, the barrier to entry is high. You must either prove a major, one-time achievement (like an Olympic medal or a World Cup title) or satisfy at least three out of ten specific regulatory criteria. If you are a forward-thinking athlete currently in the prime of your career, now is the time to start building your EB-1A playbook. Here is a breakdown of all ten criteria from a professional sports perspective, along with actionable tips to bolster your eligibility for the future. The 10 EB-1A Criteria: An Athlete’s Playbook 1. Nationally or Internationally Recognized Prizes or Awards This criterion looks for evidence of excellence in your sport. For athletes, this means trophies, medals, or individual accolades. What counts: League MVP awards, "Best Newcomer" titles, National Championship medals, or selection to an All-Star team. Regional or local club-level awards generally won't cut it. How to maximize your chances: Never throw away a program booklet, medal certificate, or official league announcement. If you win an award, request a formal letter from the league or federation confirming the criteria for the award, how many athletes competed for it, and why you stood out. You are already striving for excellence in your career, to maximize the impact of these awards on your potential EB-1A eligibility, be prepared to document them as fully as possible. 2. Membership in Elite Associations USCIS looks for memberships in organizations that require outstanding achievements of their members, as judged by recognized national or international experts. What counts: Selection to a National Team, an invitation-only elite training pool, or membership in a prestigious international sports federation with strict performance entry barriers. A basic club membership, or membership in a players’ union for all players in your league is unlikely to move the needle here. How to maximize your chances: Actively pursue national team call-ups or qualify for top-tier athletic federations. Keep copies of the official selection criteria for these organizations to prove that entry is based strictly on elite athletic performance, not just paying a membership fee. 3. 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. What counts: Developing a brand-new training methodology or tactical system that is widely adopted by other clubs, setting a long-standing national or international record, or introducing a new technique to your sport such as a new grappling hold in combat sports or a new putting technique in golf. How to maximize your chances: If you innovate a specific technique or coaching program, document its widespread impact. Secure testimonial letters from independent coaches, sporting directors, and analysts testifying to how your unique contribution has materially advanced the sport. 6. Authorship of Scholarly Articles This requires writing deeply technical or academic pieces for major professional or trade publications. What counts: Publishing tactical breakdowns in recognized coaching journals, writing a column for a sports science publication, or authoring an authoritative textbook on modern athletic training. How to maximize your chances: Use the off-season or injury downtime to co-author articles with sports scientists or write deep-dive tactical pieces for established athletic journals or coaching magazines. The experience and insight of an elite athlete is a valuable academic resource; you don’t need to be an accomplished scholar yourself to contribute to academic work. 7. Display of Work at Artistic Exhibitions or Showcases While primarily designed for painters, sculptors, and actors, this can occasionally be adapted for athletes under very specific circumstances. What counts: Having your athletic gear, memorabilia, or historical achievements featured in a major sports museum, or being a primary feature in an athletic showcase with a large audience such as participating in a testimonial match for a retiring superstar, or a skateboarding demo attached to a popular festival. How to maximize your chances: If your athletic career intersects with media, exhibitions, or major historical displays, keep records of the venue’s prestige, attendance numbers, and promotional materials. 8. Performing in a Leading or Critical Role for Distinguished Organizations You must prove that you played a vital part in the success of a team or organization with an eminent reputation. What counts: Serving as the team captain, being the star player/top scorer who led a top-tier club to a championship, or acting as the foundational head coach of a highly reputable academy. This could also apply to leading your boxing or MMA gym to a tournament title, your motorsport team to a season trophy, or contributing to your country’s success in an international competition. How to maximize your chances: Leadership matters. Strive for roles like captaincy or leading tactical positions. Keep records of statistics that indicate your impact on your team or group’s success. When you leave a club or team, secure a letter from the head coach, general manager, or sporting director detailing exactly how your specific presence and leadership directly caused the organization's success or ranking surge. 9. High Salary or Significantly High Remuneration This requires proving that your compensation is substantially higher than what the average athlete in your sport and country earns. What counts: Playing contracts, performance bonuses, endorsement deals, and prize money that place you in the top tier of earners in your league or nation. How to maximize your chances: Keep meticulous financial records. Save all player contracts, prize money receipts, and tax returns. Work with your immigration attorney to gather objective labor data (like national statistics or league averages) to clearly demonstrate that your income dwarfs the baseline average for your profession. 10. 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. Summary: Building Your EB-1A Timeline The EB-1A Green Card requires extraordinary ability by its very name; planning and preparation alone cannot manifest eligibility if you are not an outstanding athlete in your chosen sport. But for those high achieving athletes who may wish to pursue this desirable pathway to lawful permanent residency, being proactive early in your career can make all the difference. By understanding these criteria today, you can make intentional career choices that pay off down the road. Treat your visa strategy like your training regimen: consistency, documentation, and aiming for the highest platforms will ultimately secure your win. If you think you may qualify for an EB-1A visa on the basis of your athletic talent, please contact our office and we would be happy to help guide you through this complex but rewarding process.
Navigating the U.S. immigration system is already a complex process, but a critical new federal court ruling has provided major relief to thousands of applicants who have found themselves caught in a challenging standstill. On Friday, June 5, 2026, U.S. District Chief Judge John J. McConnell, Jr. of the U.S. District Court for the District of Rhode Island issued a nationwide order declaring unlawful and vacating four restrictive U.S. Citizenship and Immigration Services (USCIS) policies. These internal policies had previously directed adjudicators to completely suspend processing and final decisions for immigration benefits filed on behalf of foreign nationals from roughly 39 countries. In a sharply worded ruling, Chief Judge McConnell criticized the administration’s restrictive processing directives, stating that the policies "threw the lives of countless immigrants living in the United States into indeterminate legal limbo." He further accused USCIS of actively ignoring established federal law by categorically barring these applicants from receiving final decisions. Which Countries and Benefits Are Affected? The 39 affected nations are located predominantly across Africa, Asia, Latin America, and the Middle East, heavily mirroring countries that have been targets of broader administration travel bans. Under the struck-down policies, individuals from these specific countries faced indefinite halts on their essential filings, regardless of the individual merits of their cases. The federal court's decision directly impacts a wide spectrum of vital immigration pathways, including: Asylum Applications Employment Authorization Documents (Work Permits) Adjustment of Status (Green Cards) Naturalization (Citizenship Applications) What This Means For Clients and Applicants The core takeaway of this decision is immediate: USCIS must resume processing these cases. Because the court's ruling carries a nationwide effect, the agency is no longer permitted to pause or shelve a file simply because of the applicant’s country of origin. While the administration is widely expected to appeal Chief Judge McConnell's decision, the policy is officially vacated for the time being. For individuals from the affected nations who have watched their applications sit frozen for months without explanation, this opens a crucial window to see their cases move forward toward a final determination. How Santos Lloyd Law Firm Can Assist The landscape of U.S. immigration remains incredibly fluid, and shifts in federal policy can radically impact your status, career, or timeline. If you are a national of one of the affected countries or have an application that has been experiencing unusual or prolonged delays, it is critical to evaluate how this new ruling alters your strategy. At Santos Lloyd Law Firm, P.C., we closely monitor federal litigation and shifting agency guidance to provide our clients with proactive legal support. Whether you are navigating family-based applications, employment visas, or citizenship tracks, our experienced attorneys are here to help you understand your options and build a viable path forward.
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.
