If you are looking for a job while visiting the United States on a B-1 or B-2 business or tourist visa, there's some good news for you. The US Citizenship and Immigration Services (USCIS) just announced that individuals travelling to the United States on a business or tourist visa are now eligible to apply for positions and even attend interviews.
UCIS advised prospective employers to confirm the candidates' visa status before appointing them to the new position.
“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 US Citizenship and Immigration Services (USCIS) said in a series of tweets.
Clarification on H1-B visaNon-immigrant workers who lose their jobs might not be aware of their options and, in some cases, might incorrectly assume that their only option is to leave the country within 60 days, added USCIS.
If qualified, a non-immigrant worker may normally choose one of the following methods to continue in an authorised period of stay in the United States after their employment is terminated, whether willingly or involuntarily:
File an application for a change of non-immigrant status;
File an application for adjustment of status;
File an application for a “compelling circumstances" employment authorisation document; or
Be the beneficiary of a non-frivolous petition to change employer.“If one of these actions occurs within the 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. 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, or when their authorized validity period ends, whichever is shorter," the USCIS tweeted.
Furthermore, according to the USCIS, before starting any new work, a petition and request for a change of status from a B-1 or B-2 to an employment-authorised status must be approved and the new status must take effect.
"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 said.
(Edited by : Shoma Bhattacharjee)
First Published: Mar 23, 2023 6:22 PM IST
