US visitors and business travelers can apply for jobs and interviews.
A federal agency said on Wednesday that visitors to the United States on a business or tourist visa (B-1, B-2) are allowed to register for an interview for new jobs. However, employers should verify the visitors' visa status before hiring them. When in B-1 or B-2 status, can I search for a new job? " is a question many have asked. In a word, absolutely. Searching for work and interviewing for a position are permissible B-1 or B-2 activities," the US Citizenship and Immigration Services (USCIS) said in a series of tweets.
USCIS noted that nonimmigrant employees who are laid off might not know their options or may incorrectly believe they must leave the country within 60 days.
In the event of a termination of employment, whether voluntary or involuntary, a nonimmigrant worker may, if eligible, adopt one of the following steps to maintain status in the United States:
To apply for an adjustment of status or a shift of nonimmigrant status
'Non-Required' Visas for Some Jobs
The flow of visas "not needed" in certain employment-based categories is made available to applicants in other employment-based categories per statutory provisions set by Congress. Those are the "fall up" and "fall" clauses. Under INA 203(b), EB-1 visas are made accessible whenever there are EB-4 visas available but no EB-5 visas in the reserve pool. When a visa is not needed for an EB-1 category, it becomes accessible for an EB-2 category and similarly for an EB-3 category.
Unfortunately, Lawmakers did not make a provision in the law for visas that are surplus to requirements in EB-3 to be made available in another employment-based category. Please be aware that on March 15, 2022, Congress enacted the EB-5 Reform and Integrity Act of 2022, which set forth unique regulations for rollover of certain unused EB-5 permits into the following fiscal year. Therefore, it is impossible to make accessible in EB-1 all EB-5 visas that are "not required" in that category.
Comments