The US Citizenship and Immigration Services (USCIS) said when non-immigrant workers are laid off, they need to be aware of their options.
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An individual traveling to the United States on a business or tourist visa – B-1, B-2 can apply for new jobs and even appear in interviews but asked prospective employees to ensure the applicants have changed their visa status before starting the new role.
In a note, the US Citizenship and Immigration Services (USCIS) said when non-immigrant workers are laid off, they may just assume that they have no option but to leave the country within 60 days. The maximum 60-day grace period starts the day after termination of employment.
When a non-immigrant worker’s employment is terminated, either voluntarily or involuntarily, they may file an application for a change of non-immigrant status filing an application for a change of non-immigrant status, file an application for adjustment of status; file an application for a “compelling circumstances” employment authorization document; or be 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 authorized 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 authorized 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 US Citizenship and Immigration Services 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-authorized status must be approved, and the new status must take effect.
“Alternatively, if the change of status request is denied or the petition for new employment requested consular or port of entry notification, the individual must depart the US and be admitted in an employment-authorized classification before beginning the new employment,” the USCIS said.
