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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