US Allows Tourists To Apply For Jobs, Give Interviews While On Tourist Or Business Visa

This comes as many US firms like Google, Microsoft, and Amazon have laid off workers including nonimmigrant workers

The B-1 visa is typically issued for brief business trips, while the B-2 visa is issued for travel for leisure. ( Image Source :Getty )

The United States immigration agency on Wednesday said people travelling to the country on a business or tourist visa - B-1 and B-2 - can now apply for new jobs and even appear in interviews. However, the agency added that after getting the job, employees must ensure that they change their visa status before starting a new role.

In a series of tweets, the US Citizenship and Immigration Services (USCIS) said, "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. If you are in B-1 or B-2 status, please remember you may not engage in employment within the domestic labor market (also known as “local labor for hire”) while in B-1 status or engage in any employment while in B-2 status."

#USCISAnswers: 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.
Learn more: https://t.co/zFEneq28L9⬇️

— USCIS (@USCIS) March 22, 2023

"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 tweet thread added. 

This comes as many US firms like Google, Microsoft, and Amazon have laid off workers including nonimmigrant workers. Many nonimmigrant workers are not aware of their options and may, in some instances, wrongly assume that they have no option but to leave the country within 60 days.

The agency additionally said, "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, be the beneficiary of a non-frivolous 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," the US agency said. 

Widespread layoffs in the US tech sector left many Indian professionals without jobs. After being fired from a job, a foreign tech worker on an H-1B visa would have only 60 days to find new employment before having to leave the country.

The H-1B visa is a non-immigrant visa that allows US companies to employ foreign workers in specialty occupations that require theoretical or technical expertise. Tech firms depend on tens of thousands of skilled workers migrating each year from countries like India and China.