The United States on Wednesday announced that individuals travelling on business or tourist visas (B-1 and B-2 visas) can apply for new jobs and even attend job interviews, but they must ensure they have changed their visa status before starting a new role, news agency PTI reported.
The B-1 and B-2 visas, known collectively as "B visas," are the most commonly issued types of visas for a variety of purposes in the US. The B-1 visa is typically for short-term business trips, while the B-2 visa is for tourism.
The US Citizenship and Immigration Services (USCIS) announced this policy change on March 22, noting that non-immigrant workers who are laid off may not be aware of their options and may wrongly assume they have no option but to leave the country within 60 days. This policy shift comes as thousands of highly skilled foreign-born workers, including Indians, have lost their jobs due to layoffs at companies like Google, Microsoft, and Amazon, making it difficult for them to find new employment within the 60-day period stipulated under their work visas following the termination of their employment.
When a nonimmigrant worker's employment is terminated, whether voluntarily or involuntarily, there are several actions they can take to remain in the United States during the authorised grace period of up to 60 days. These include filing an application for a change of nonimmigrant status, adjustment of status, or compelling circumstances employment authorisation document, or being the beneficiary of a nonfrivolous petition to change employer.
Also Read | Boris Johnson apologises in 'Partygate' grilling
The USCIS clarified that searching for employment and interviewing for a position are permissible activities under B-1 or B-2 status. However, before beginning any new employment, the individual must receive approval for a petition and request for a change of status from B-1 or B-2 to an employment-authorised status, which must take effect. If the change of status request is denied or the petition for new employment requests consular or port of entry notification, the individual must leave the US and be admitted to an employment-authorised classification before beginning the new employment.
In light of the massive layoffs in the American tech sector, two Indian-American organisations recently launched an online petition urging US President Joe Biden to extend the grace period for H-1B visa holders from two months to one year. The H-1B visa is a non-immigrant visa that allows US companies to employ foreign workers in specialty occupations requiring theoretical or technical expertise, and technology companies depend on it to hire thousands of employees from countries like India and China
