In what could be good news for job seekers, a US federal agency said that those who are travelling to the USA on a business or tourist visa — B1, B2 — can apply for new jobs and appear for interviews. The agency categorically said that the prospective employees will have to change their visa status before starting a new role, reported PTI.
The US Citizenship and Immigration Services (USCIS) said that nonimmigrant workers wrongly assume that they will have to leave the country within 60 days when they are laid off.
If the employment of nonimmigrant workers is terminated voluntarily or involuntarily, they could take many actions to stay in the US for the span of authorized period, reported PTI.
They can opt out of several actions like: filing an application for adjustment of status, filling an application for a change of nonimmigrant status, filing an application for a “compelling circumstances” employment authorization document; or be the beneficiary of a nonfrivolous petition to change employer.
According to USCIS, “If one of the given actions takes place in the span of 60-day grace period, the authorized stay of the nonimmigrants can exceed 60 days, despite the fact that they lose their previous nonimmigrant status.”
In case of workers failing to take any action within the grace period, they and their dependents will have to depart the United States within 60 days or when their authorized period of stay expires, whichever is shorter, said the USCIS.
The US Citizenship and Immigration Services stated that people staying in B-1 or B-2 status can search for employment and interview opportunities for a new job.