People With Tourist Or Business Visa In US Can Apply For Jobs, Give Interviews: Federal Agency
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 recent layoffs at companies like Google, Microsoft, and Amazon.
The United States has announced that visitors to the country on business or tourist visas (B-1 and B-2) can now apply for jobs and attend interviews. Besides that, potential employees need to check their visa status before starting work.
The B visa category includes the B-1 and B-2 visas. These visas are the most prevalent in the United States for various purposes.
It is common practice to award a B-1 visa for short-term business trips and a B-2 visa for leisure.
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On Wednesday, US Citizenship and Immigration Services (USCIS) said that nonimmigrant workers who are laid off might not know their options and mistakenly believe they must leave the country within 60 days.
This was stated in a note and a series of tweets.
#USCISAnswers: 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.
¡ª USCIS (@USCIS) March 22, 2023
Learn more: https://t.co/zFEneq28L9??
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 recent layoffs at companies like Google, Microsoft, and Amazon.
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.??
¡ª USCIS (@USCIS) March 22, 2023
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 grace period of 60 days starts the day after the last day of work.
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This is usually the last day a salary or wage was paid.
When a nonimmigrant worker's employment is terminated, whether voluntarily or involuntarily, they typically have the option of taking one of several actions, if eligible, to remain in the United States for an extended period.
USCIS is committed to using as many available employment-based visas as possible in FY2023. To better assist interested applicants, we¡¯ve created a list of frequently asked questions. To view these questions and answers, visit: https://t.co/MeWW2QdeMf
¡ª USCIS (@USCIS) March 22, 2023
These include filing an application for a change of nonimmigrant status; filing an application for adjustment of status; filing an application for a "compelling circumstances" employment authorization document; or being the beneficiary of a nonfrivolous petition to change employers.
"If one of these actions occurs within the up to 60-day grace period, the nonimmigrant's period of authorized stay in the United States may exceed 60 days, even if they lose their previous nonimmigrant status," according to the USCIS.
Suppose the worker takes no action within the grace period. In that case, they and their dependents may need to depart the United States within 60 days or when their authorized validity period ends, whichever is shorter.
"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 a petition and request for a change of status from B-1 or B-2 to an employment-authorized level must be approved, and the new status must go into effect before a person can start a new job.
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"Alternatively, if the change of status request is denied or the petition for new employment requests 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.
Amid massive layoffs in the American tech sector, which have left many Indian professionals unemployed, two Indian-American organizations launched an online petition last month urging US President Joe Biden to increase the grace period for H-1B visa holders from two months to a year.
This means that once fired from a job, a foreign tech worker on H-1B visas would have one year to find a new job instead of the existing duration of 60 days, after which they have to leave the country.
The H-1B visa is a nonimmigrant visa that allows US businesses to hire foreign workers in specialized occupations that require theoretical or technical knowledge.
Technology companies depend on it to hire tens of thousands of employees each year from countries like India and China.
(With PTI inputs)
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