According to a federal agency, individuals who travel to the United States on a business or tourist visa, such as B-1 and B-2 visas, are now allowed to apply for new job positions and attend interviews. The agency also advised prospective employees to make sure that the applicants have changed their visa status before commencing the new role.
The US Citizenship and Immigration Services (USCIS) said that nonimmigrant workers who are laid off wrongly assume that they have no option except to leave the country within 60 days. This period starts after the termination of employment and if the nonimmigrant workers are eligible, they can remain in the United States for the said period.
During this period the workers can file an application for a change of nonimmigrant status, adjustment of application status and application for a “compelling circumstances” employment authorization document. The workers can also be the beneficiary of a petition to change employer.
“If one of these actions occurs within the up to 60-day grace period, the nonimmigrant’s period of authorized stay in the United States can exceed 60 days, even if they lose their previous nonimmigrant status,” the USCIS said.
If the worker takes no action within the grace period, they and their dependents may then need to depart the United States within 60 days, it said.
“Many people have asked if they can look for a new job while in B-1 or B-2 status. The answer is, yes. Searching for employment and interviewing for a position are permissible B-1 or B-2 activities,” the USCIS added.
“Alternatively, if the change of status request is denied or the petition for new employment requested consular or port of entry notification, the individual must depart the U.S. and be admitted in an employment-authorized classification before beginning the new employment,” the USCIS further said.
