WASHINGTON: An individual traveling to the United States on business or tourist visa — B-1, B-2 — can apply for new jobs and even show up for interviews, a federal agency said Wednesday, but is asking prospective employees to make sure the applicants change their visa status before starting a new role.
In a note, and a series of tweets, the US Citizenship and Immigration Services (USCIS) said when non-immigrant workers are laid off, they may not be aware of their options and may , in some cases, mistakenly think that they have no choice but to leave the country within 60 days.
The maximum 60-day grace period begins the day after termination of employment, which is usually determined based on the last day on which salary or wages were paid.
When a nonimmigrant worker’s employment is terminated, whether voluntarily or involuntarily, they can usually take one of several actions, if eligible, to remain for a period of authorized stay in the United States.
This includes filing an application for adjustment of nonimmigrant status; filing an application for adjustment of status; file an application for an employment authorization document “pressing circumstances”; or be the beneficiary of a frivolous petition for change of 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 may exceed 60 days, even if they have lost their previous nonimmigrant status. status,” said USCIS.
If the worker does not take action within the grace period, they and their dependents may be required to leave the United States within 60 days, or upon the expiration of their permitted validity period, whichever very short, it says.
“Many people ask if they can look for a new job while in B-1 or B-2 status. The answer is, yes. Looking for a job and interviewing for a position is allowed as B -1 or B-2 activities,” the US Citizenship and Immigration Services said in a series of tweets.
At the same time, USCIS said that before starting any new job, the petition and request for change of status from B-1 or B-2 to an employment-authorized status must be approved, and the new status should take effect.
“On the other hand, if the change of status request is denied or the petition for new employment requests consular or port of entry notification, the individual must leave the US and be admitted to a classification authorized by employment before starting a new job,” the USCIS said.
In a note, and a series of tweets, the US Citizenship and Immigration Services (USCIS) said when non-immigrant workers are laid off, they may not be aware of their options and may , in some cases, mistakenly think that they have no choice but to leave the country within 60 days.
The maximum 60-day grace period begins the day after termination of employment, which is usually determined based on the last day on which salary or wages were paid.
When a nonimmigrant worker’s employment is terminated, whether voluntarily or involuntarily, they can usually take one of several actions, if eligible, to remain for a period of authorized stay in the United States.
This includes filing an application for adjustment of nonimmigrant status; filing an application for adjustment of status; file an application for an employment authorization document “pressing circumstances”; or be the beneficiary of a frivolous petition for change of 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 may exceed 60 days, even if they have lost their previous nonimmigrant status. status,” said USCIS.
If the worker does not take action within the grace period, they and their dependents may be required to leave the United States within 60 days, or upon the expiration of their permitted validity period, whichever very short, it says.
“Many people ask if they can look for a new job while in B-1 or B-2 status. The answer is, yes. Looking for a job and interviewing for a position is allowed as B -1 or B-2 activities,” the US Citizenship and Immigration Services said in a series of tweets.
At the same time, USCIS said that before starting any new job, the petition and request for change of status from B-1 or B-2 to an employment-authorized status must be approved, and the new status should take effect.
“On the other hand, if the change of status request is denied or the petition for new employment requests consular or port of entry notification, the individual must leave the US and be admitted to a classification authorized by employment before starting a new job,” the USCIS said.
