An individual travelling to the United States on a business or tourist visa- B-1, B-2 can file an application for new jobs and even give interviews, a federal agency said Wednesday but asked employees to confirm the applicants have revised their visa status before beginning the new role.

The United States Citizenship and Immigration Services (USCIS) said many people have asked if they can look for a new job position while in B-1 or B-2 status. Yes. Searching for work and interviewing for a job are permitted B-1 or B-2 activities.

When nonimmigrant employees are laid off, they may not be conscious of their choices and may, in some instances, wrongly believe that they have no alternative but to leave the nation within 60 days, USCIS noted.

When a nonimmigrant worker’s employment is completed, either willingly or involuntarily, they generally may take one of the following steps, if eligible, to stay in a period of authorized stay in the US:

Apply for a change of nonimmigrant status;

Apply adjustment of status;

Apply to a compelling circumstances employment authorization document; or

Be the beneficiary of a nonfrivolous petition to change employer.

The USCIS said if one of these actions happens within the up to 60-day grace period, the nonimmigrant’s period of official stay in the United States can surpass 60 days, even if they lose their previous nonimmigrant status. If the employee does not take action within the grace period, they and their dependents may need to leave the country within 60 days or when their authorized validity time terminates, whichever is shorter.

At the same time, the USCIS stated that before starting any new employment, a petition and demand for a status change from B-1 or B-2 to an employment-authorized status should be supported, and the new status must take effect.

The USCIS said if the change of status request is rejected or the petition for new employment asked consular or port of entry notification, the individual must leave the US and be admitted in an employment-authorized category before starting the new job.

The flow of visas not required in particular employment-based categories

Congress has set statutory provisions allowing the flow of visas not required in specific employment-based categories to be made public to applicants in other employment-based categories. These are generally referred to as the fall up or fall provisions. Visas not required in EB-4 and unreserved visas not required in EB-5 are made available in EB-1 under INA 203(b). Visas not required in EB-1 are made available in EB-2, and visas not required in EB-2 are made available in EB-3.

Congress did not make a way in the statute for visas not required in EB-3 to be made available in another employment-based classification. Please note that with the implementation of the EB-5 Reform and Integrity Act of 2022 on March 15, 2022, Congress found special regulations for the carryover of specific unpracticed EB-5 visas from one fiscal year to the following. As a result, not all not required EB-5 visas in that classification can be made available in EB-1.

News Source: Livemint