US to Allow Tourist, Business Visa Holders to Apply For Jobs, Give Interviews

Advertisement

The US Citizenship and Immigration Services (USCIS) recently advised that individuals travelling to the United States on a business or tourist visa, commonly known as B-1 or B-2 visas, can apply for new jobs and attend job interviews.

However, prospective employees are urged to ensure that they have changed their visa status before starting the new role. In a series of tweets, USCIS confirmed that searching for employment and attending interviews are permissible B-1 or B-2 activities.

The agency also highlighted that nonimmigrant workers who are laid off may not be aware of their options and could wrongly assume that leaving the country within 60 days is their only option.

Advertisement

USCIS further noted that when a nonimmigrant worker’s employment is terminated, either voluntarily or involuntarily, they typically have several options to remain in a period of authorized stay in the United States. These options include:

  • 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,” said USCIS on its official website.

At the same time, the USCIS said that 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.

“Alternatively, if the change of status request is denied or the petition for new employment requested consular or port of entry notification, the individual must depart the U.S. and be admitted in an employment-authorized classification before beginning the new employment,” the USCIS said.

Advertisement

Visa Transfer Provisions for Employment-Based Categories

In certain employment-based categories, there are provisions established by Congress that allow the transfer of visas “not required” to other employment-based categories, also known as the “fall up/fall down” provisions.

Visas not required in EB-4 and unreserved visas not required in EB-5 are made available in EB-1, 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.

However, there is no such provision for visas not required in EB-3 to be transferred to another employment-based category.

Advertisement

It is important to note that the EB-5 Reform and Integrity Act of 2022 has established special rules for the carryover of certain unused EB-5 visas from one fiscal year to the next. As a result, not all EB-5 visas that are “not required” in that category can be made available in EB-1.


Follow and connect with us on Facebook, Twitter, LinkedIn, Instagram and Google News for the latest travel news and updates!


Advertisement

Manish Khandelwal
Manish Khandelwal

Manish Khandelwal, a travel-tech enthusiast with over a decade of experience in the travel industry. Founder and Editor-in-Chief of Travelobiz.com, he's passionate about writing.

Articles: 6400