Washington:

A person travelling to the USA on a enterprise or vacationer visa — B-1, B-2 — can apply for brand spanking new jobs and even seem in interviews, a federal company stated Wednesday, however requested potential staff to make sure the candidates have modified their visa standing earlier than beginning the brand new position.

In a observe, and a collection of tweets, the US Citizenship and Immigration Providers (USCIS) stated when nonimmigrant staff are laid off, they might not be conscious of their choices and will, in some situations, wrongly assume that they haven’t any possibility however to depart the nation inside 60 days.

The utmost 60-day grace interval begins the day after termination of employment, which is often decided primarily based on the final day for which a wage or wage is paid.

When a nonimmigrant employee’s employment is terminated, both voluntarily or involuntarily, they usually might take one of many a number of actions, if eligible, to stay in a interval of authorised keep in the USA.

These embody submitting an software for a change of nonimmigrant standing; submitting an software for adjustment of standing; submitting an software for a “compelling circumstances” employment authorization doc; or be the beneficiary of a nonfrivolous petition to vary employer.

“If considered one of these actions happens inside the as much as 60-day grace interval, the nonimmigrant’s interval of approved keep in the USA can exceed 60 days, even when they lose their earlier nonimmigrant standing,” the USCIS stated.

If the employee takes no motion inside the grace interval, they and their dependents might then must depart the USA inside 60 days, or when their approved validity interval ends, whichever is shorter, it stated.

“Many individuals have requested if they’ll search for a brand new job whereas in B-1 or B-2 standing. The reply is, sure. Trying to find employment and interviewing for a place are permissible B-1 or B-2 actions,” the US Citizenship and Immigration Providers stated in a collection of tweets.

On the identical time, the USCIS stated that earlier than starting any new employment, a petition and request for a change of standing from B-1 or B-2 to an employment-authorized standing have to be authorized, and the brand new standing should take impact.

“Alternatively, if the change of standing request is denied or the petition for brand spanking new employment requested consular or port of entry notification, the person should depart the U.S. and be admitted in an employment-authorized classification earlier than starting the brand new employment,” the USCIS stated.

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