According to a government agency, someone who enters the nation on a business or tourist visa (B-1 or B-2) is qualified to apply for new jobs and even attend interviews, however, the agency encouraged the potential employers to renew the applicant’s visa status before they start the new post.
In a statement and a series of tweets, the US Citizenship and Immigration Services (USCIS) noted that nonimmigrant workers who are laid off may not be aware of their alternatives and may, in certain situations, incorrectly feel they have no choice but to leave the country within 60 days.
The first day after the day employment ends, which is frequently predicated on the last day for which a salary or wage was paid, is when the maximum 60-day grace period starts. If qualified, a nonimmigrant worker who has had their employment ended—whether voluntarily or involuntarily—may choose from a number of ways to stay in the nation for an approved period of time. This covers submitting an application for a change in nonimmigrant status, a change in status, a request for a document allowing you to work in “compelling circumstances,” or being the focus of a valid petition to switch companies.
According to the USCIS, even if a nonimmigrant loses their prior nonimmigrant status, their approved term of stay may still be longer than 60 days if one of these occurrences occurs within the up to 60-day grace period. According to the notice, if the worker and their families do not take any action during the grace period, they may be forced to leave the country sooner—either within 60 days or when their granted validity term expires. “It has been frequently asked whether B-1 or B-2 statuses allow for job searching. Yes, it is possible. It is legal to engage in B-1 or B-2 activities such as job searching and interviewing for positions,” according to a string of tweets from US Citizenship and Immigration Services.
However, the USCIS emphasized that a petition and request for a change of status from a B-1 or B-2 to an employment-authorized status must be approved and the new status must take effect before starting any new work. In the alternative, if the petition for new employment is requested or the change of status request is denied, and notification is requested at the consulate or port of entry, the person must leave the United States and be admitted in an employment-authorized classification before beginning the new employment, according to the USCIS.
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