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US Citizenship and Immigration Services (USCIS) states that nonimmigrant workers may not know their options when laid off and may mistakenly assume they have no choice but to leave the country within 60 days.
Individuals traveling to the U.S. on business or tourist visas — B-1, B-2 — can apply for new jobs and appear in interviews, the federal agency said Wednesday, but is asking prospective employees to make sure the applicants have changed. Visa status before starting the new role.
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US Citizenship and Immigration Services (USCIS) said in a memo and series of tweets that nonimmigrant workers may not know their options when laid off and, in some cases, may mistakenly assume they have no options. To leave the country within 60 days.
The maximum 60-day grace period begins the day after termination of employment, typically based on the last day wages or salaries are paid.
When a nonimmigrant worker is terminated, whether voluntarily or involuntarily, they may typically take one of several steps to remain eligible to remain in the United States during their authorized stay.
These include filing an application to change nonimmigrant status; Filing an application to rectify the situation; Submitting an application for an employment permit document for “mandatory conditions”; or benefiting from an inconvenient petition to change employer.
“If one of these actions occurs within the grace period of up to 60 days, the immigrant’s authorized stay in the United States may exceed 60 days, even if they lose their former immigrant status,” USCIS said.
If the employee takes no action during the grace period, they and their dependents may be required to leave the U.S. within 60 days, or at the end of their authorized service period, whichever is shorter, they say.
“Many people have asked whether they can look for a new job while they are in B-1 or B-2 status. The answer is yes. Job searching and job interviews are allowable B-1 or B-2 activities,” USCIS said in a series. He said on his Twitter page.
At the same time, USCIS states that before beginning any new employment, a petition and request to change from B-1 or B-2 employment status to employment authorization must be approved and the new status must be effective.
“Alternatively, if the application for status is denied or a request for new employment is filed, the consular or port notification must require the individual to leave the U.S. and enter an employment-authorized placement before beginning the new employment,” USCIS said. .
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