B-1, B-2 temporary, tourist visa-holders can apply for jobs in US: USCIS

WASHINGTON, D.C, March 24: It looks the United States of America has become more reformed under the new dispensation! In the past, under ruthless administrations, if you were caught working in the US on a tourist visa, you could immediately be deported and barred from entering the country in future. Neither could you look for a job. Making college admission enquiries was also a no, no. You might as well be behind bars.

It is not so any more. The US Citizenship and Immigration Services (USCIS) has announced that temporary tourist (B-2) and business (B-1) visa-holders can apply for jobs and take interviews during their visit to the US. They must apply for a change in the visa status to an employment-authorized status and it must be approved before taking up the job. The great bonanza for non-immigrant workers has been announced by the USCIS on Twitter.

"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," USCIS tweeted on Wednesday.

If the change of status request is denied or if the (new) employment requires notification at a consulate or port of entry, one must leave the US and re-enter with a new authorisation. This is especially applicable to the H-1B visa holders who lose or resign their specialised jobs.

The new visa rule has opened up huge opportunities for the short-term, temporary B-1 and B2 visa-holders. The B1 visa is for business activities and B-2 is a visitor visa for tourism purpose or visiting people or for medical treatment. B-1 and B-2 are temporary visas.

USCIS clarification on laid-off H-1B techies

In the background of the massive layoffs in the tech sector, thousands of affected Indians on H-1B visas had appealed to President Biden for extend the 60-day grace period allowed to stay in the US after losing job, to one year. What followed was a notification from the USCIS clarifying that workers who are laid off can apply for a change of non-immigrant status or for a "compelling circumstances" employment authorization document. "If one of these actions (it listed 4) occurs within the up to 60-day grace period, the nonimmigrant's period of authorized stay in the United States can exceed 60 days, even if they lose their previous nonimmigrant status," the USCIS said. If the request is denied the workers and their dependants will have to leave the US forthwith.

USCIS clarification says:-

Options for Nonimmigrant Workers Following Termination of Employment are:-

When nonimmigrant 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.

When a nonimmigrant worker�s employment is terminated, either voluntarily or involuntarily, they typically may take one of the following actions, if eligible, to remain in a period of authorized stay in the United States:

File an application for a change of nonimmigrant status;
File an application for adjustment of status;
File an application for a �compelling circumstances� employment authorization document; or,
Be the beneficiary of a nonfrivolous petition to change employer.

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 can exceed 60 days, even if they lose their previous nonimmigrant status. 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.