Tourists or business visa holders in the United States can apply for jobs & give interviews
People with business or tourist visas to the United States can apply for new jobs and even participate in job-related interviews.
However, prospective employees were asked by the US Citizenship and Immigration Services (USCIS) to verify that the applicants had changed their visa status prior to beginning the new position.
The USCIS stated in a note and a series of tweets that when nonimmigrant workers are laid off, they may not be aware of their options and may incorrectly assume they must leave the country within 60 days.
The maximum 60-day grace period begins on the day after employment is terminated, typically based on the last day a salary or wage was paid.
When a nonimmigrant worker’s employment is terminated, either voluntarily or involuntarily, they typically have the option of staying in the United States for a set amount of time if they are eligible to do so.
These include submitting a change of nonimmigrant status application; documenting an application for change of status; submitting an application for a document granting employment authorization due to “compelling circumstances; or benefit from a legitimate petition to switch employers.
The USCIS stated, “The nonimmigrant’s period of authorized stay in the United States can exceed 60 days, even if they lose their previous nonimmigrant status, if one of these actions occurs within the up to 60-day grace period.”
It stated that if the employee does not act within 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, whichever comes first.
“A lot of people have asked if they can look for work while they are B-1 or B-2. The response is yes. The US Citizenship and Immigration Services said that B-1 and B-2 activities like looking for work and interviewing for a job are okay.
The USCIS also stated that a petition and request for a change of status from B-1 or B-2 to an employment-authorized status must be approved before any new employment can begin, and the new status must take effect.
The USCIS stated, “Alternatively, the individual must depart the U.S. and be admitted in an employment-authorized classification before beginning the new employment if the change of status request is denied or the petition for new employment requested consular or port of entry notification.”
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