Ajit Karn
Washington: An individual travelling to the United States on a business or tourist visa — B-1, B-2 — may apply for new positions and even participate in interviews, a federal agency announced on Wednesday. However, prospective employers must ensure that the applicants have changed their visa status prior to beginning the new position.
US Citizenship and Immigration Services (USCIS) stated in a note and a series of tweets that when nonimmigrant employees are laid off, they may not be aware of their options and may, in some cases, incorrectly believe they have no choice but to depart the country within 60 days.
The maximum 60-day grace period begins the day after employment termination, which is typically determined by the last day for which a salary or remuneration was paid.
When a nonimmigrant worker’s employment is terminated, either voluntarily or involuntarily, they may, if eligible, adopt one of several actions to remain in the United States for a period of authorised stay.
These include submitting an application for a change of nonimmigrant status, an application for adjustment of status, an application for a “compelling circumstances” employment authorization document, or being the beneficiary of a legitimate petition to change employers.
“If one of these actions occurs during the up to 60-day grace period, the nonimmigrant’s authorised stay in the United States may exceed 60 days, even if they lose their prior nonimmigrant status,” the USCIS explained.
If the worker does not take action during the grace period, they and their dependents may be required to leave the United States within 60 days or when their authorised validity period expires, whichever is shorter, the document states.
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“Many individuals have inquired if they are permitted to seek employment while in B-1 or B-2 status. The response is “yes.” US Citizenship and Immigration Services stated in a succession of tweets that “searching for employment and interviewing for a position are permitted B-1 and B-2 activities.”
In addition, the USCIS stated that a petition and request for a change of status from B-1 or B-2 to an employment-authorized status must be approved and the new status must take effect prior to commencing any new employment.
“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 United States and be admitted in an employment-authorized classification prior to beginning the new employment,” the USCIS stated.
