According to a government agency, those visiting the country on a B-1 or B-2 business or tourist visa can apply for new positions and even attend interviews. But, prospective employers are urged to confirm that the applicants have altered their visa status before taking on the new position.
The US Citizenship and Immigration Services (USCIS) stated in a statement and a series of tweets that nonimmigrant workers may not be aware of their alternatives when they are laid off and may, in some cases, assume incorrectly that they have no choice but to depart the country within 60 days.
The maximum 60-day grace period begins on the day after employment is terminated, which is ordinarily the last day for which a salary or wage is paid.
When a nonimmigrant worker’s employment is terminated, either voluntarily or involuntarily, they often have a number of options to continue their period of authorised stay in the United States, assuming they are eligible.
Examples include making an application for a “compelling circumstances” employment authorization document, making an application for an adjustment of status, or being the recipient of a nonfrivolous petition to change employers.
The nonimmigrant’s length of authorised stay in the United States may exceed 60 days if one of these events takes place during the up to 60-day grace period, the USCIS noted. This is true even if they lose their prior nonimmigrant status.
It stated that if the worker does not take any action during the grace period, they and their families may be required to leave the country in less time—either within 60 days or when their approved validity term expires.
The USCIS further stated that in order for a petition and request for a change of status from B-1 or B-2 to an employment-authorized status to be approved and the new status to go into effect, it is necessary to do so before beginning any new employment.
The person must leave the country and be entered in an employment-authorized classification before starting the new employment, the USCIS stated, if the change of status request is declined or the petition for new employment is requested by consular or port of entry notification.
