For those in the US on a business or tourist visa, a welcome rule change
An individual who comes to the United States on a business or visitor visa — B-1, B-2 — can apply for new jobs and even appear for interviews, a federal agency said on Wednesday. Private, but requires prospective employees to ensure that applicants have changed their visa status before commencing a new role.
In a note and a series of tweets, the United States Citizenship and Immigration Services (USCIS) said that when nonimmigrant workers are laid off, they may not be aware of their options and in a In some cases, they may mistakenly think they have no other choice but leave the country within 60 days.
The maximum 60-day grace period begins on the day following termination of employment, usually determined based on the last date on which wages or salaries were paid.
When a nonimmigrant worker’s employment is terminated, whether voluntarily or involuntarily, he or she can generally take one of a number of actions, if eligible, to continue to remain in the United States for a period of time. licensed.
These include applying for a change of nonimmigrant status; apply for an adjustment of status; apply for a “required” employment authorization document; or be the beneficiary of an unsuitable change of employer petition.
USCIS said: “If either of these actions occurs during a grace period of up to 60 days, a nonimmigrant’s authorized stay in the United States may exceed 60 days, even if he or she dies. previous nonimmigrant status”.
If workers take no action during the grace period, they and their dependents may be required to leave the United States within 60 days or when their authorized validity period ends, depending whichever is shorter.
“Many people have asked if they can find a new job while in B-1 or B-2 status. The answer is yes. Job search and interviewing for a position are B activities. -1 or B-2 allowed,” US Citizenship and Immigration Services said in a series of tweets.
At the same time, USCIS states that before commencing any new employment, petitions and requests to change status from B-1 or B-2 to work-authorized status must be approved and the status must take effect.
“In addition, if a change of status request is denied or a new employment application is requested by a consular or entry notice, the individual must leave the United States and be admitted to the employment authorized classification before when starting a new job,” USCIS said.
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