Washington: The US has declared that people entering the country on a B-1 or B-2 business or tourist visa can apply for new jobs and even attend interviews, but they must make sure to change their visa status before beginning a new position.
The most popular visa categories granted in the United States for a variety of purposes are B-1 and B-2 visas, also known as "B visas". The B-1 visa is typically issued for brief work trips, whereas the B-2 visa is typically issued for travel for leisure.
In a note, and a series of tweets, the US Citizenship and Immigration Services (USCIS) said on Wednesday when non-immigrant workers are laid off, they may not be aware of their options and may, in some instances, wrongly assume that they have no option but to leave the country within 60 days.
The move by the USCIS came as thousands of highly skilled foreign-born workers, including Indians, in the US, have lost their jobs due to a series of recent layoffs at companies like Google, Microsoft and Amazon.
They are now struggling to find new employment within the stipulated 60-day period under their work visas following the termination of their employment to stay in the country.
The maximum 60-day grace period starts the day after termination of employment, which is typically determined based on the last day for which a salary or wage is paid.
When a non-immigrant worker's employment is terminated, either voluntarily or involuntarily, they typically may take one of the several actions, if eligible, to remain in a period of authorised stay in the United States.
These include filing an application for a change of non-immigrant status; filing an application for adjustment of status; filing an application for a "compelling circumstances" employment authorisation document; or being the beneficiary of a non-frivolous petition to change employer.
"If one of these actions occurs within the up to 60-day grace period, the non-immigrant's period of authorised stay in the United States can exceed 60 days, even if they lose their previous non-immigrant status," the USCIS said.
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 authorised validity period ends, whichever is shorter, it said.
"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 USCIS said in a series of tweets.
At the same time, the USCIS said that before beginning any new employment, a petition and request for a change of status from B-1 or B-2 to an employment-authorised status must be approved, and the new status must take effect.
With PTI inputs